This article by C. Ryan Barber says that U.S. Justice Department lawyers convinced [U.S. district judge Timothy] Kelly that the Federal Vacancies Reform Act should control the outcome of the leadership dispute. That law gives the president wide authority to install Senate-confirmed acting heads at executive agencies. Kelly said the text of the vacancies law applies […]
That's the topic of this split decision today from the Sixth Circuit.
The Wall Street Journal reports here. Excerpt: Asked by the judge if he could provide assurance that the administration wouldn’t take any adverse action against Ms. English that could immediately affect the case, [Brett Shumate, deputy assistant attorney general for federal programs] replied, “Loss of a position is not irreparable harm.”
by Jeff Sovern A couple of people have suggested to me that it doesn't really matter who wins as between English and Mulvaney because Trump will still get to nominate a new director for a five-year term. I think that's wrong for several reasons. First, the obvious: the process of nomination and confirmation is not […]
Lots of stories and legal analysis today about the dispute over whether the President can name an acting director of the Consumer Financial Protection Bureau or whether the deputy director, by statute, has become the acting director. And Reuter's reports that the President's pick, OMB Director Mick Mulvaney, has instructed staff to disregard any directions […]
The complaint is here. She is seeking an emergecy TRO. English is represented by CL&P co-coordinator Deepak Gupta. Meanwhile, Reuters reports that the CFPB General Counsel's Office takes the position that the president can appoint Mulvaney.
by Jeff Sovern Kate Berry has the story in the American Banker. She reports that the case will be filed in federal court in Washington, D.C., possibly as early as this evening. The report states that one of English's anticipated theories is that Trump is attempting to assert control of an independent agency by naming […]
by Jeff Sovern The Department of Justice's Office of Legal Counsel has now issued an opinion which, not surprisingly, expresses the view that the president can name the acting director of the CFPB. It argues that even though the VRA specifies that it is the "exclusive" way to fill vacancies "unless another statute 'expressly' provides […]
by Jeff Sovern First, in case anyone who reads this blog doesn't already know, yesterday, CFPB Director Richard Cordray appointed CFPB chief of staff, Leandra English, to become CFPB deputy director. Section 1011(b)(5)(B) of the Dodd-Frank Act provides that the deputy director shall "serve as acting Director in the absence or unavailability of the Director." Mr. Cordray then […]
From Ben White's Morning Money Newsletter, here's the report on Buckley & Strange: POLITICO’s Lorraine Woellert: “There’s no shortage of wannabes to fill Richard Cordray’s soon-to-be-vacant post at the CFPB. The latest names to circulate are Jerry Buckley of Buckley Sandler, an industry go-to for consumer finance law, and Alabama’s Luther Strange, the Senate short-timer […]