WASHINGTON–The Supreme Court has named the attorney who will represent the Consumer Financial Protection Bureau during arguments later this year over its constitutionality, after the CFPB itself declined to defend itself.
The court has named Paul Clement, a former U.S. solicitor general who has appeared over 95 times at the court, to argue in support of the CFPB’s structure. Clement is a partner in the Washington, D.C., office of Kirkland & Ellis LLP.
As CUToday.info reported here, the CFPB has chosen not to defend its own constitutionality in a case brought by California-based Seila Law, which has alleged the single director structure of the agency gives that person too much power in violation of the Constitution’s separation of powers. Directors are appointed for five-year terms. The Justice Department itself has also previously stated its does not support the structure of the Bureau.
Appointment ‘Unexpected’
The CFPB had earlier suggested in a brief the Supreme Court might want to appoint a “friend of the court” to defend the ruling by the U.S. Court of Appeals for the 9th Circuit rejecting the challenge to the CFPB’s structure.
Some legal analysts have suggested Clement’s appointment was “unexpected,” and lawyers for the House of Representatives had requested the House be appointed to defend the judgement.
Clement served as solicitor general in the George W. Bush administration and has argued on behalf of the conservative side in high-profile cases covering everything from partisan gerrymandering and same-sex marriage to the Affordable Care Act.
‘Both CUNA and NAFCU issued statements saying regardless of the outcome of the case, they continue to support replacing the single director with a multi-person board.