The Battle Over the CFPB’s Constitutionality Moves to the U.S. Supreme Court: What It Means for You

After years of litigation in the lower courts, the question of whether the Consumer Financial Protection Bureau (CFPB)’s single-director-removable-only-for-cause structure is constitutional is now in the hands of the U.S. Supreme Court. This past Friday, the Supreme Court granted the petition for a writ of certiorari filed by Seila Law seeking review of the Ninth Circuit’s decision that held the CFPB’s structure is constitutional. In addition, while awaiting the Court’s decision on Seila Law’s petition, the Bureau announced it will no longer defend its constitutionality in the appellate courts or before the Supreme Court.

In this webinar, we will be joined by Professor Barnett who specializes in administrative law and consumer law and is an expert on constitutional separation of powers issues. His scholarship has been cited by leading administrative law casebooks as well as federal, district, and appellate courts.

In addition to a review of the legal arguments on both sides, our discussion will include:

• The Supreme Court’s direction that the parties in Seila Law brief the question of how the Court can remedy a constitutional violation
• Other petitions for certiorari filed with the Supreme Court involving separation of powers and their prospects
• The pending appellate cases involving the Bureau’s constitutionality
• The Bureau’s change in position and what it means for enforcement, supervisory, and rulemaking activities

If you are dealing with the CFPB in any fashion, you will not want to miss this webinar.