In March 2020, the Fifth Circuit, on its own motion, entered an order vacating the panel’s ruling in All American Check Cashing that the CFPB’s structure was constitutional and granting rehearing en banc. On June 30, the Fifth Circuit tentatively calendared the case for en banc oral argument during the week of September 21,
seila law
CFPB files ratification with Ninth Circuit in Seila Law; Ninth Circuit orders supplemental briefing on ratification
By Alan S. Kaplinsky on
Posted in CFPB, Regulatory and Enforcement
The CFPB has filed a declaration with the Ninth Circuit in which Director Kraninger stated that she has ratified the Bureau’s decisions to issue a civil investigative demand to Seila Law, deny Seila Law’s request to modify or set aside the CID, and file a petition in federal district court to enforce the CID.
The…
SCOTUS rules CFPB’s leadership structure is unconstitutional
By Alan S. Kaplinsky & Jeremy T. Rosenblum on
Posted in CFPB, Regulatory and Enforcement
By a five to four vote, the U.S. Supreme Court ruled this morning in Seila Law that the CFPB’s single-director-removable-for-cause leadership structure violates the separation of powers in the U.S. Constitution. Seven of the justices agreed that the provision in Title X of the Dodd-Frank Act that gives the Director for-cause removal protection can be…
Fifth Circuit rules CFPB’s structure is constitutional
By Alan S. Kaplinsky on
Posted in CFPB, Regulatory and Enforcement
On Tuesday March 3, the same day that the U.S. Supreme Court heard oral argument in Seila Law, the Fifth Circuit, in a 2-1 decision, ruled in All American Check Cashing that the CFPB’s structure is constitutional.
In the underlying case, All American Check Cashing moved to dismiss a CFPB enforcement action filed against…
SCOTUS hears oral argument in Seila Law
By Alan S. Kaplinsky on
Posted in CFPB, Regulatory and Enforcement
The U.S. Supreme Court heard oral argument yesterday morning in Seila Law. The two questions before the Court are whether the provision in Title X of the Dodd-Frank Act that only allows the President to remove the CFPB Director for “inefficiency, neglect of duty, or malfeasance in office” violates separation of powers in the…
SCOTUS enters order dividing and enlarging time for oral argument in Seila Law
By Barbara S. Mishkin on
Posted in CFPB, Regulatory and Enforcement
The U.S. Supreme Court entered an order last Friday that divides and enlarges the time for oral argument in Seila Law, which is scheduled for March 3.
Seila Law filed a motion asking the Supreme Court to increase the total time for oral argument from 60 to 70 minutes and the House of Representatives,…
More amicus briefs filed in Seila Law
By Alan S. Kaplinsky on
Posted in CFPB, Regulatory and Enforcement
Amicus briefs have been filed in the U.S. Supreme Court in support of Paul Clement, who was appointed amicus curiae by the Court to defend the Ninth Circuit’s ruling in Seila Law that the CFPB’s structure is constitutional. (Amicus briefs were filed last month in support of Seila Law and the CFPB.)
In his brief…
Seila Law files motion with SCOTUS to enlarge and divide oral argument time
By Barbara S. Mishkin on
Posted in CFPB, Regulatory and Enforcement
Seila Law has filed a motion with the U.S. Supreme Court requesting an enlargement of the time allocated for oral argument (scheduled for March 3) and a division of the time to accommodate “the unusual circumstances for oral argument” that the case presents. Seila Law states that it has consulted with the DOJ and Paul…
Clement files brief in Seila Law defending CFPB’s constitutionality
By Alan S. Kaplinsky on
Posted in CFPB, Regulatory and Enforcement
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…
Amicus briefs filed in Seila Law
By Alan S. Kaplinsky on
Posted in CFPB, Regulatory and Enforcement
The first round of amicus briefs has been filed with the U.S. Supreme Court in Seila Law. All of the amici that take a position on the Bureau’s constitutionality agree with the position taken by both Seila Law and the CFPB that the Bureau’s structure is unconstitutional. However, three of the amici take no…