Solicitor General asks SCOTUS for extension to file response to Seila Law’s cert petition

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The Solicitor General has filed a motion with the U.S. Supreme Court asking for an extension of the date by which the government must file its response to Seila Law’s petition for a writ of certiorari. The petition seeks review of the Ninth Circuit’s ruling that the CFPB’s single-director-removable-only-for-cause structure is constitutional.

The government’s response is currently due by July 29. The Solicitor General is asking the Supreme Court to extend the filing deadline until August 28. The motion states that preparation of the government’s response has been delayed “because of the heavy press of earlier assigned cases to the attorneys handling this matter.”

As we have previously discussed, Dodd-Frank Section 1054(e) requires the CFPB to make a written request to represent itself in its own name before the Supreme Court within a specified period. That period has expired and we are not aware of such a request having been made by the CFPB.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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