UPDATE: Who’s the Boss at the CFPB?
– Valerie C. Brannon Legislative Attorney Jared P. Cole Legislative Attorney. January 11, 2018. “Update: On January 10, 2018, the U.S. District Court for the District of Columbia denied Leandra English’s request for a preliminary injunction, ruling that the Federal Vacancies Reform Act (Vacancies Act) authorized the President to appoint Mick Mulvaney to serve as the Acting Director of the CFPB. Since the Sidebar below was originally published, English filed an amended complaint and moved for a preliminary injunction on substantially similar grounds to those described below. In rejecting her motion, the district court held that because the provision of the Dodd-Frank Act that authorizes the Deputy Director to serve as the Acting Director when the Director is absent or unavailable did not expressly displace the Vacancies Act, the Vacancies Act remained available and authorized the President to fill the position. English had also argued that even if the Vacancies Act generally would allow the President to appoint an Acting Director, because Mulvaney is also the head of the Office of Management and Budget, an agency housed directly under the White House, he may not head an independent agency like the CFPB. But the judge rejected this argument, noting that no such restriction could be found in the text of the Dodd-Frank Act. The district court ultimately denied the request for a preliminary injunction because English had failed to show either a likelihood of success on the merits or that she would suffer irreparable injury absent relief. It is possible that English might appeal this order, and the U.S. Court of Appeals for the District of Columbia Circuit could weigh in on this issue.”