Court: Trump pick Mick Mulvaney can remain as Acting Director of CFPB

Le·gal In·sur·rec·tion | 1/10/2018 | William A. Jacobson
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Donald Trump secured a victory in the federal District Court in D.C., as a Judge just ruled that Mick Mulvaney can continue as Acting Director of the Consumer Financial Protection Bureau (CFPB). The Court rejected the claims of Leandra English, appointed by Richard Cordray just as he was leaving CFPB, that she should remain as Acting Director pending nomination and confirmation of a replacement Director.

The Opinion and Order (pdf.) is embedded at the bottom of this post.

Background - Posts

For background, see our prior posts:

General counsel for the CFPB disagrees with Elizabeth Warren on agency head replacement

Court - Background - Ruling - Opening - Paragraphs

The Court summarized the background and its ruling in the opening paragraphs of the Opinion and Order:

This case concerns whether the President is authorized to name an acting Director of the Consumer Financial Protection Bureau (“CFPB”) or whether his choice must yield to the ascension of the Deputy Director, who was installed in that office by the outgoing Director in the hours before he resigned. The CFPB is a government agency created after the financial crisis of 2007-2008 by the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act” or “Dodd-Frank”), Pub. L. No. 111-203, 124 Stat. 1376 (2010). The CFPB’s previous Director, Richard Cordray, resigned effective at midnight on the day after Thanksgiving: Friday, November 24, 2017. That same day, he named Plaintiff Leandra English the CFPB’s Deputy Director, in an apparent attempt to select his successor. But the President, Defendant Donald John Trump, made his own appointment that day, announcing that Defendant John Michael Mulvaney, who serves as the Director of...
(Excerpt) Read more at: Le·gal In·sur·rec·tion
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