Posts Tagged ‘DC Circuit’
Earlier this month, the DOJ filed an unopposed motion for leave to file an amicus brief which indicated that the Trump Administration might be switching sides in the legal battle, departing from the position that the DOJ took under President Obama. So it came as no surprise when the DOJ submitted its amicus brief in the PHH case last Friday and asked the DC Circuit to declare the CFPB’s leadership structure unconstitutional.
On March 10, 2017, PHH filed its opening brief with the DC Circuit and asked the court to “strike down the CFPB in its entirety.”
Last month, the DC Circuit granted the CFPB’s petition for rehearing en banc following an October 2016 ruling by a three-judge panel court that declared the CFPB’s single-director-removable-only-for-cause structure unconstitutional. The panel remedied the constitutional defect by severing the applicable provision in the Dodd-Frank Act and making the CFPB Director removable without cause by the President.
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.
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. The court set a March 31 deadline for the CFPB’s opening brief and an April 10 due date if PHH chooses to file a reply. Oral argument is set for May 24.