Materials regarding CFPB Single-Director Structure

Ongoing CFPB Cases

PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir.)

CFPB Director Cordray Issues Decision in PHH Administrative Enforcement Action

REPLY BRIEF FOR PETITIONERS (PHH) (December 2015)

BRIEF OF RESPONDENT CONSUMER FINANCIAL PROTECTION BUREAU (November, 2015)

BRIEF AMICUS CURIAE OF AARP IN SUPPORT OF RESPONDENT CONSUMER FINANCIAL PROTECTION BUREAU(November, 2015)

Petitioners’ Amici Brief (October 2015)

Opening Brief for Petitioners — PHH Corp. v. CFPB (CADC) (September 2015)

Audio of panel oral argument (Apr. 12, 2016) [MP3]

Panel Decision (Oct. 11, 2016)

State Nat’l Bank of Big Spring v. Lew, No. 1:12-cv-01032-ESH (D.D.C.)

State Nat. Bank of Big Spring v. Lew, 795 F. 3d 48 (D.C. Cir. 2015)

COMBINED MEMORANDUM IN OPPOSITION TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND REPLY IN SUPPORT OF PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT (February 2016)

COMBINED MEMORANDUM IN OPPOSITION TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND REPLY IN SUPPORT OF PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT (February 2016)

COMBINED MEMORANDUM IN SUPPORT OF DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT AND DISMISSAL AND IN OPPOSITION TO PLAINITFFS’ MOTION FOR SUMMARY JUDGMENT (January 2016)

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT (November 2015)

Decided Cases on CFPB Structure

CFPB v. ITT Educ. Servs., Inc., No. 1:14-cv-292, 2015 WL 1013508, at *7–14 (S.D. Ind. Mar. 6, 2015)

CFPB v. Morgan Drexen, Inc., 60 F. Supp. 3d 1082, 1086–92 (C.D. Cal. 2014).

AFR Materials on CFPB structure

An Easy Case: Why a Federal Appeals Court Should Reject a Constitutional Challenge to the CFPB (April 2016)

AFR Statement for the Record of the Senate Committee on Banking, Housing and Urban Affairs Regarding the Effects of Consumer Finance Regulations (April, 2016)

AFR, 341 Organizations Oppose Congressional Efforts to Weaken the CFPB (March, 2015)

AFR, 88 Organizations Oppose HR 1266, Legislation Changing the Leadership Structure of the CFPB (December, 2015)

AFR Opposes HR 1266, “Financial Product Safety Commission Act of 2015” (March, 2015)

Other CFPB-specific materials

The Consumer Financial Protection Bureau: An Introduction, Adam J. Levitin, 32 REV. BANKING & FIN. L. 321 (2013)

Written Testimony of Adam J. Levitan, Georgetown University Law School, Before the House Financial Services Committee Hearing “Legislative Proposals to Improve the Structure of the Consumer Financial Protection Bureau” (April 2011)

Written Testimony of Adam J. Levitan, Georgetown University Law School, Before the Senate Judiciary Committee Hearing “The Administrative State v. The Constitution: Dodd-Frank at Five Years” (July 2015)

“The Financial Services Industry’s Misguided Quest to Undermine the Consumer Financial Protection Bureau”, Arthur E. Wilmarth Jr., George Washington School of Law, Review of Banking and Financial Law, Vol. 31, No. 2, Spring 2012

Other scholarship on appointment and removal

“PCAOB and the Persistence of the Removal Puzzle”, Patricia L. Bellia, Notre Dame Law School, 80 Geo. Wash. L. Rev. 1371 (2011-2012)

http://cdn.harvardlawreview.org/wp-content/uploads/pdfs/congressional_restrictions.pdf

http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=3270&context=clr

Saikrishna Prakash, New Light on the Decision of 1789, 91 Cornell L. Rev. 1021 (2006)

Statutory Citations for Single-Director Agencies Removable Only For-Cause

• CFPB, 12 U.S.C. § 549(c)(3) (“Removal for cause. The President may remove the Director for inefficiency, neglect of duty, or malfeasance in office.”)
• FHFA, 12 U.S.C. § 4512(b)(2) (removal “for cause”)
• Office of Special Counsel, 5 U.S.C. § 1211(b) (“The Special Counsel may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.”)
• Social Security Administration, 42 U.S.C. § 902(a)(3) (“may be removed from office only pursuant to a finding by the President of neglect of duty or malfeasance in office”)
• OCC, 12 U.S.C. § 2 (“a term of five years unless sooner removed by the President, upon reasons to be communicated by him to the Senate”). But see OLC opinion at 184-87 (assuming Comptroller removable at will).

Important Appointment & Removal Cases

Myers v. United States, 272 U.S. 52 (1926)

Humphrey’s Executor v. United States, 295 U.S. 602 (1935)

Weiner v. United States, 357 U.S. 349 (1958)

Bowsher v. Synar, 478 U.S. 714 (1986)

Morrison v. Olson, 487 U.S. 654 (1988)

Free Ent. Fund v. Public Co. Acctg. Oversight Bd., 130 S. Ct. 3138 (2010) (reversing 537 F. 3d 667 (D.C. Cir. 2008))

In re Aiken County, 645 F. 3d 428 (D.C. Cir. 2011)

Intercollegiate Broadcasting v. Copyright Royalty, 684 F.3d 1332 (D.C. Cir. 2012)