U.S. Supreme Court Appoints ‘Friend of the Court’ Counsel to Defend CFPB’s Leadership Structure

Supreme Court order secures lawyer who will support constitutionality of CFPB’s single-director structure.

10/28/2019 9:30 AM

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U.S. Supreme Court Appoints ‘Friend of the Court’ Counsel to Defend CFPB’s Leadership Structure

Former U.S. Solicitor General Paul Clement will defend a U.S. Court of Appeals for the Ninth Circuit ruling rejecting challenges to the constitutionality of the Consumer Financial Protection Bureau’s leadership structure when the issue is before the U.S. Supreme Court early next year, according to a blog post by SCOTUSblog reporter Amy L. Howe.

Last week, the Supreme Court granted Seila Law’s petition for Writ of Certiorari requesting that it review Seila Law v. Consumer Financial Protection Bureau, a case that challenges the constitutionality of the CFPB’s leadership structure, ACA International previously reported.

In Seila Law, a Ninth Circuit panel unanimously ruled the CFPB’s single director structure was constitutional, prompting Seila to file a brief asking the Supreme Court to hear the case to review that finding.

“Before the justices granted review last week, the CFPB had agreed with the law firm challenging the CFPB’s structure that the restrictions are unconstitutional,” Howe reports. “But [with Clement’s appointment] the debate will not be one-sided.”

The accounts receivable management industry has a huge stake in the case and will continue to monitor the legal challenge as it unfolds.

At issue for the Supreme Court to decide is whether the provision of the law allowing the president to remove the agency's director only for cause violates the constitutional separation of powers, ACA previously reported. While serving on the U.S Court of Appeals for the D.C. Circuit in 2016, Supreme Court Justice Brett Kavanaugh authored a majority panel opinion in PHH Corp v. CFPB declaring the Bureau of Consumer Financial Protection unconstitutionalThe New York Times  called this opinion one of Kavanaugh’s most well-known among the more than 300 opinions he contributed to during his appointment to the D.C. Circuit Court of Appeals in 2006.

Read more on the case in ACA’s coverage: SCOTUS to Hear Possible Game-Changing CFPB Case.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

U.S. Supreme Court Appoints ‘Friend of the Court’ Counsel to Defend CFPB’s Leadership Structure

Former U.S. Solicitor General Paul Clement will defend a U.S. Court of Appeals for the Ninth Circuit ruling rejecting challenges to the constitutionality of the Consumer Financial Protection Bureau’s leadership structure when the issue is before the U.S. Supreme Court early next year, according to a blog post by SCOTUSblog reporter Amy L. Howe.

Last week, the Supreme Court granted Seila Law’s petition for Writ of Certiorari requesting that it review Seila Law v. Consumer Financial Protection Bureau, a case that challenges the constitutionality of the CFPB’s leadership structure, ACA International previously reported.

In Seila Law, a Ninth Circuit panel unanimously ruled the CFPB’s single director structure was constitutional, prompting Seila to file a brief asking the Supreme Court to hear the case to review that finding.

“Before the justices granted review last week, the CFPB had agreed with the law firm challenging the CFPB’s structure that the restrictions are unconstitutional,” Howe reports. “But [with Clement’s appointment] the debate will not be one-sided.”

The accounts receivable management industry has a huge stake in the case and will continue to monitor the legal challenge as it unfolds.

At issue for the Supreme Court to decide is whether the provision of the law allowing the president to remove the agency's director only for cause violates the constitutional separation of powers, ACA previously reported. While serving on the U.S Court of Appeals for the D.C. Circuit in 2016, Supreme Court Justice Brett Kavanaugh authored a majority panel opinion in PHH Corp v. CFPB declaring the Bureau of Consumer Financial Protection unconstitutionalThe New York Times  called this opinion one of Kavanaugh’s most well-known among the more than 300 opinions he contributed to during his appointment to the D.C. Circuit Court of Appeals in 2006.

Read more on the case in ACA’s coverage: SCOTUS to Hear Possible Game-Changing CFPB Case.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

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