Paul Clement, who was appointed amicus curiae by the U.S. Supreme Court to defend the Ninth Circuit’s ruling in Seila Law that the CFPB’s structure is constitutional, filed a brief with the Supreme Court this week in support of the ruling.

As an initial matter, Mr. Clement argues that the Court should deem the dispute over the Bureau’s constitutionality premature because Seila Law has not suffered an injury that is traceable to the constitutionality question.  … Continue Reading

The U.S. Supreme Court entered an order yesterday in Seila Law inviting Paul D. Clement “to brief and argue this case, as amicus curiae, in support of the judgment below on the question presented by the petition.”  The question presented is whether the Bureau’s single-director-removable-only-for-cause structure is constitutional.

With both the DOJ and CFPB agreeing with Seila Law’s position that the Bureau’s structure is unconstitutional, the Supreme Court was expected to appoint an amicus curiae to defend the Ninth Circuit’s judgment holding that the Bureau’s structure is constitutional.… Continue Reading