WASHINGTON–A court has agreed to expedite review of a case over who should be leading the Consumer Financial Protection Bureau.
The U.S. Court of Appeals for the District of Columbia has granted a request by the plaintiff, Leandra English, to fast-track her appeal of a decision that upheld President Trump’s authority to nominate and name an acting director of the agency.
As CUToday.info reported here and here, English has lost two earlier rulings by Judge Timothy Kelly, who is a Trump appointee, in which she sought to stop Mick Mulvaney from becoming the acting director. Mulvaney, who is also director of the Office of Management and Budget, has been leading the agency and has dialed back some of the CFPB’s enforcement efforts. His appointment has had the support of credit unions.
English is maintaining that the Dodd-Frank Act, which created the CFPB, is clear in how succession at the agency should work, arguing the Act is clear the deputy director succeeds the director in the event of a vacancy. That vacancy was created when Director Richard Cordray resigned in November.
Following the most recent decision by the courts, English’s attorney, Deepak Gupta, said on Twitter that English will now be required to turn in her brief in the case by Jan. 30, 2018. The Trump administration will then have until Feb. 23, 2018 to file its brief. A reply brief is due by March 6, 2018.