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Solicitor General Asks SCOTUS for Extension to File Response to Seila Law’s Cert Petition

The Solicitor General has filed a motion with the U.S. Supreme Court asking for an extension of the date by which the government must file its response to Seila Law’s petition for a writ of certiorari. The petition seeks review of the Ninth Circuit’s ruling that the CFPB’s single-director-removable-only-for-cause structure is constitutional.

The government’s response was due July 29. The Solicitor General is asking the Supreme Court to extend the filing deadline until August 28. The motion states that preparation of the government’s response has been delayed “because of the heavy press of earlier assigned cases to the attorneys handling this matter.”

As we have previously discussed, Dodd-Frank Section 1054(e) requires the CFPB to make a written request to represent itself in its own name before the Supreme Court within a specified period. That period has expired and we are not aware of such a request having been made by the CFPB.

Copyright © by Ballard Spahr LLPNational Law Review, Volume IX, Number 220
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About this Author

Kaplinksy, partner, New York, finance
Partner

Alan S. Kaplinsky is Co-Practice Leader of the firm's Consumer Financial Services Group, which has more than 115 lawyers. Mr. Kaplinsky devotes his practice exclusively to counseling financial institutions on bank regulatory and transactional matters, particularly consumer financial services law, and defending financial institutions that have been sued by consumers in individual and class action lawsuits and by government enforcement agencies. Visit Mr. Kaplinsky's profile in Wikipedia.

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