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Executive Authority Single Director

Cadwalader, Wickersham & Taft LLP

Seila Law LLC v. Consumer Financial Protection Bureau: Has the Supreme Court Tamed or Empowered the CFPB?

On June 29, the Supreme Court issued its long-awaited opinion in Seila Law LLC v. Consumer Financial Protection Bureau, finally resolving the question that has dogged the new agency since its inception:  Is the leadership...more

Ballard Spahr LLP

U.S. Supreme Court Seila Law Decision Throws Past CFPB Actions Into Question

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Last Monday, in Seila Law v. CFPB, the U.S. Supreme Court held that the structure of the CFPB, with a single-director who the President could not remove without cause, violates the separation of powers mandated by the U.S....more

Manatt, Phelps & Phillips, LLP

Supreme Court: President May Fire CFPB Director Without Cause

In a long-awaited ruling, the Supreme Court in Seila Law has ruled, in a 5-4 decision, that the structure of the Consumer Financial Protection Bureau is unconstitutional in that it limits the ability of the President to fire...more

Holland & Knight LLP

Supreme Court Wrestles with Constitutional Challenge to the CFPB

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The U.S. Supreme Court heard argument on March 3, 2020, in Seila Law v. CFPB. The case involves a constitutional challenge to the structure of the Consumer Financial Protection Bureau (CFPB) by a California law firm under...more

Goodwin

No Clear Consensus in Supreme Court Challenge to the Structure of the CFPB

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On March 3, the Supreme Court heard argument in Seila Law LLC v. Consumer Financial Protection Bureau, a case involving two questions about the structure of the CFPB: (1) whether the provision of the Dodd-Frank Wall Street...more

Ballard Spahr LLP

SCOTUS hears oral argument in Seila Law

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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...more

Ballard Spahr LLP

SCOTUS enters order dividing and enlarging time for oral argument in Seila Law

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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. ...more

Ballard Spahr LLP

More amicus briefs filed in Seila Law

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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. ...more

Ballard Spahr LLP

Seila Law files motion with SCOTUS to enlarge and divide oral argument time

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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...more

Ballard Spahr LLP

Clement files brief in Seila Law defending CFPB’s constitutionality

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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...more

Ballard Spahr LLP

Director Kraninger rejects constitutionality challenge as basis for setting aside CID

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CFPB Director Kraninger has rejected the argument made by Equitable Acceptance Corp (EAC) that because the Bureau’s structure is unconstitutional, the civil investigative demand it received from the Bureau should be set aside...more

Ballard Spahr LLP

Amicus briefs filed in Seila Law

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The first round of amicus briefs have 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...more

Ballard Spahr LLP

Seila Law and CFPB file briefs in U.S. Supreme Court

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Seila Law and the CFPB filed their briefs yesterday in the U.S. Supreme Court.  Both briefs address the question presented in Seila Law’s certiorari petition, which is whether the CFPB’s...more

Ballard Spahr LLP

SCOTUS sets March 3 oral argument in Seila Law

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The U.S. Supreme Court has scheduled oral argument in Seila Law on March 3, 2020. The question presented in Seila Law’s petition is whether the CFPB’s single-director-removable-only-for-cause structure violates the...more

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