November 30, 2021

Volume XI, Number 334


November 29, 2021

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Solicitor General Requests Extension to File Amicus Brief for PHH v. CFPB and Signals Potential Shift in Support for CFPB

As we previously discussed, on February 16, 2017, the D.C. Circuit granted rehearing en banc in PHH v. CFPB and vacated the holding from the three-judge panel that the CFPB’s single director structure was unconstitutional.

Through an unopposed motion filed on March 3, 2017, the Office of the Solicitor General (“SG”) requested an extension to file its amicus brief for the rehearing en banc.  If granted, the deadline for filing the brief would be extended from March 10, 2017, to March 17, 2017.  Significantly, the motion signals that the SG may be shifting away from the Obama Administration’s previous position in support of the CFPB, at least in some respects.  In particular, the SG stated therein that “the views of the United States on matters involving the President’s removal power are not always entirely congruent with the views of independent agencies” and argued that the earlier filing date “would make it exceedingly difficult to engage in the necessary consultation within the government.”  The SG’s position should become clear once the amicus brief is filed later this month.

© 2021 Covington & Burling LLPNational Law Review, Volume VII, Number 66

About this Author

Lucille C. Bartholomew, Covington Burling, Financial and litigation attorney

Lucille C. Bartholomew is an associate in the financial institutions group. Her practice focuses on assisting financial institutions with enforcement, compliance, and transactional matters.

Representative Matters

  • Representing financial institutions in connection with OCC, FDIC, Federal Reserve Board, SIGTARP, FTC, and CFPB investigations.
  • Representing financial institutions in conducting internal investigations, including for sales practices and anti-money laundering issues.
  • ...