The DC Circuit’s Big CFPB Ruling Carries Wide Implications. Here’s What’s Next

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In a blockbuster ruling, the D.C. Circuit reminds the Trump. to the Trump administration's alarmingly broad theory of executive power.. acted as though every employee of the federal government must carry out his agenda or risk termination.. Kavanaugh is essentially spitballing here, improvising a novel.

Today the United States Court of Appeals for the DC Circuit issued its long-awaited ruling in the PHH v. CFPB appeal (opinion here). LLW has written about the PHH case here and here before, and below are some quick takeaways from the court’s 110-page ruling for industry watchers: The court deter.

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PHH sought review in the D.C. Circuit, and a panel of that court had stayed the Bureau’s order pending appeal. The Bureau’s Structure Is Unconstitutional In Part. The D.C. Circuit first held that "the CFPB is unconstitutionally structured because it is an independent agency headed by a single Director." Slip Op. at 64.

Today, the DC Circuit granted the CFPB’s petition for rehearing en banc regarding a ruling issued last October by a three-judge panel that declared the CFPB’s structure unconstitutional.. The court ordered that the panel’s October 11, 2016 judgment be vacated. The court also set a briefing schedule: PHH must submit its opening brief by March 10.

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D.C. Circuit’s CFPB Decision: Findings and Implications. Allison Schoenthal and Gregory Lisa have contributed an article to the New york law journal titled D.C. Circuit’s CFPB Decision: Findings and Implications. Click here to read the full article on the New York Law Journal website. download pdf Share Back To Listing

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