The DC Circuit’s Big CFPB Ruling Carries Wide Implications. Here’s What’s Next

PHH sought review in the D.C. Circuit, and a panel of that court had stayed the Bureau’s order pending appeal. The Bureau’s Structure Is Unconstitutional In Part. The D.C. Circuit first held that "the CFPB is unconstitutionally structured because it is an independent agency headed by a single Director." Slip Op. at 64.

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Today, the DC Circuit granted the CFPB’s petition for rehearing en banc regarding a ruling issued last October by a three-judge panel that declared the CFPB’s structure unconstitutional.. The court ordered that the panel’s October 11, 2016 judgment be vacated. The court also set a briefing schedule: PHH must submit its opening brief by March 10.

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From Washington Lawyer, September 2005. By Ronald Goldfarb. In its majority opinion denying a reporter’s claimed privilege to refuse to respond to subpoenas, decided in February 2005, the U.S. Court of Appeals for the District of Columbia Circuit remarked: "The Highest Court has spoken and never revisited the question.

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