CFPB Petitions DC Circuit for Rehearing En Banc of PHH Case Holding CFPB Structure Unconstitutional

PHH was the case that held that the CFPB's structure is unconstitutional and that the remedy was to provide that the CFPB director could be fired without cause.   The petition is here.  It describes that case as "what may be the most important separation-of-powers case in a generation." National Law Journal coverage (behind paywall) here.  Excerpt:

Trump will be powerless on Jan. 20, when he takes office, to remove Cordray without cause. The challenge to the panel ruling could run for months, if not more than a year. Until then, the panel decision’s ruling against the CFPB cannot be enforced.


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