SCOTUS denies motion of Republican State Attorney Generals to participate in oral argument in case challenging constitutionality of CFPB’s funding

Ballard Spahr LLP

The U.S. Supreme Court has denied the motion filed by the 27 Republican State Attorney Generals who filed an amicus brief in support of Community Financial Services Association in CFSA v. CFPB asking for leave to participate in oral argument.  No explanation for the denial was given by the Court.  While the Supreme Court almost routinely grants requests by the Solicitor General to participate in oral argument as an amicus, it only grants requests by other amici to participate in oral argument very infrequently.

In the case, CFSA has asked the Supreme Court to affirm the Fifth Circuit panel’s decision which held that the CFPB’s funding mechanism violates the Appropriations Clause of the U.S. Constitution.  CFSA filed a response in opposition to the AGs’ motion in which it asserted that “undivided argument would be most appropriate and beneficial for this Court.”  Oral argument is scheduled for October 3, 2023.

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