by Brian Wolfman
The Big Spring
suit filed in federal district court in D.C. challenges various provisions of the Dodd-Frank Wall St. reform law, including the
legality of the Consumer Financial Protection Bureau, on
separation-of-powers grounds. That suit includes a challenge to Richard Cordray's
appointment as CFPB director as an impermissible (non-)recess
appointment. We last posted about Big Spring when eight more states joined the case as plaintiffs.
Last Friday, the Justice Department moved to dismiss the case, arguing that the plaintiffs — both the private plaintiffs (including Big Spring bank) and the states — lack standing to sue. This past Wednesday, just five days later, both the private plaintiffs and the states filed their oppositions to the motion to dismiss. (I wonder whether the Supreme Court's brand-new standing ruling in the Clapper case will play a role here.)
The Blog of the Legal Times has posted this article on the standing motion and related developments in the Big Spring case.