Kate Berry: DOJ says CFPB stop-work order maintains statutory functions

The American Banker’s Kate Berry reports on the DOJ reply in the DC Circuit Court of Appeals appeal from Judge Jackson’s preliminary injunction ordering that the CFPB stay open. Here’s a quote: “Once agency leadership recognized that employees had inferred the agency was winding down, it acted to dispel that misimpression,” the DOJ said, contradicting […]

Law360: DC Circ. Steps In To Pause CFPB Order As Judge Denies Stay

By Jon Hill, here. The DC Circuit Court of Appeals issued an administrative stay and explained “The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motion for stay pending appeal and should not be construed in any way as a ruling on the merits of that motion.” […]

Why hasn’t the Senate voted on CFPB nominee McKernan’s confirmation yet?

The Senate Banking Committee held a hearing on CFPB-Director nominee Jonathan McKernan and three nominees for other agencies back on February 27 and voted to confirm them all at the same session, back on March 6. The full Senate confirmed the other three on March 12 and March 13. Yet the full Senate has not […]

District Court enters preliminary injunction against effectively shutting down the CFPB

Some remarkable statements in the opinion (this is all I have time for now):. Judge Jackson wrote of the CFPB’s employee testifying for the agency: “He had the demeanor of an abused wife brought to court by her husband to drop the charges.” “The testimony and the contemporaneous documents suggest that those last minute communications […]

DOJ launches anti-regulatory task force

DOJ has announced the launch of an “Anticompetitive Regulations Task Force to advocate for the elimination of anticompetitive state and federal laws and regulations that undermine free market competition and harm consumers, workers, and businesses,” lead by the DOJ Antitrust Division. The task force is asking members of the public to submit comments as to […]

Are TROs appealable?

In light of the Trump litigation, that’s a hot, nerdy topic. Read “Appealing Temporary Restraining Orders” by Tyler Lindley, Wesley White, and Morgan Bronson of BYU Law School. Here’s the abstract: Temporary restraining orders (TROs) are a powerful injunctive tool for district courts to maintain control over a case by directly controlling the parties’ out-of-court […]