DC Circuit grants motion for DOJ to file amicus brief in PHH


The DC Circuit entered an order on March 7, 2017, granting the unopposed motion for leave to file an amicus brief by March 17, 2017 in the PHH case. As we previously noted, the motion appears to be a clear indication of the Trump Administration intent to oppose the CFPB.

Also of note was a second order from the DC Circuit, in which the court denied various motions to intervene or for reconsideration of motions to intervene.

  • The plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew, another case challenging the CFPB’s constitutionality, filed a motion to intervene in the en banc rehearing. They argued that if the DC Circuit granted the Bureau’s petition for rehearing but resolved the case on RESPA grounds, their constitutional claims would be left unresolved, leaving the district without binding guidance on the constitutional issue.
  • Democratic AGs from 16 states and the District of Columbia filed a petition for rehearing en banc. Democratic lawmakers including Senator Sherrod Brown and Representative Maxine Waters as well as consumer groups filed motions for reconsideration en banc.

The motions to intervene were largely based on the claim that the movants can no longer rely on the CFPB nor the Trump Administration DOJ to adequately defend the CFPB’s constitutionality and that they have a legal interest in preserving the CFPB’s status as an independent agency, intervention is necessary to protect the movants’ legal interests, including by filing a petition for a writ of certiorari.