From the Web: Department of Justice Files Opposition Brief in CFPB Deputy Director’s Appeal
The DOJ maintains its argument that the Consumer Financial Protection Act provision on leadership of the CFPB does not outweigh the president’s authority to name an acting director under the Federal Vacancies Reform Act.
2/27/2018 12:00 PM
The U.S. Department of Justice (DOJ) continues its argument against Consumer Financial Protection Bureau Deputy Director Leandra English’s case seeking a ruling that she is the lawful acting director of the bureau, not Mick Mulvaney.
According to The National Law Review, the DOJ filed its opposition brief in English’s appeal of the district court’s rejection of her preliminary injunction motion in the case.
“The DOJ relies primarily on the same argument it made to the district court in opposing Ms. English’s preliminary injunction motion–namely, that the provision in the Consumer Financial Protection Act that provides that the CFPB Deputy Director ‘shall…serve as acting Director in the absence or unavailability of the Director’ does not displace the President’s authority under the Federal Vacancies Reform Act to appoint an Acting Director,” it reports.
A reply to the DOJ’s opposition brief is due from English by March 6 and oral arguments in the case are scheduled for April 12.
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