WASHINGTON–The three-judge panel has been set that will hear an appeal by the deputy director of the CFPB that she should be the acting director of the agency instead of the current sitting director.
The hearing, set for April 12, will be heard in the U.S. District Court of Appeals for the District of Columbia by judges Judith W. Rogers, Thomas B. Griffith and Patricia Millett. At issue is a lawsuit filed by Leandra English, deputy director of the Consumer Financial Protection Bureau, who is seeking to have the court confirm her as acting director of the agency rather than wants Acting Director Mick Mulvaney, who was appointed by President Trump to the position.
As CUToday.info reported here, English was appointed to her current post in November 2017 by outgoing Director Richard Cordray just prior to his resignation. Both Cordray and English have cited the Dodd-Frank Act–which states the deputy director takes over in the absence of the director–in making the move.
Trump, however, countered that the Federal Vacancies Reform Act of 1998 empowers the president to make the appointment, and he named Office of Management and Budget Director Mick Mulvaney to also fill that role.
In January, federal Judge Timothy Kelly denied a request by English to name her the acting director.