The U.S. Supreme Court’s Decision in CFSA v. CFPB: Who Will Win and What Does It Mean?

A special webinar roundtable featuring analysis of the oral argument by several renowned attorneys who filed amicus briefs on all sides of the issue.

The U.S. Supreme Court will hold oral argument on October 3, 2023, in Community Financial Services Association of America Ltd. v. Consumer Financial Protection Bureau, a case with profound potential implications for the future of the CFPB: The Court will rule on whether the CFPB’s funding mechanism violates the U.S. Constitution’s Appropriations Clause and, if so, what the appropriate remedy should be.

Our exclusive roundtable brings together six attorneys who filed amicus briefs with the Supreme Court. They will share their reactions to the oral arguments, important insights into the thinking of the nine Justices, predictions for how and when the Court will rule, and potential implications for the CFPB, the industry, and consumers.

They will assess the case from all angles, as three briefs supported the CFPB, two supported the CFSA, and one industry brief supported neither party, taking the position that although the CFPB’s funding is unconstitutional, the Supreme Court should validate other final regulations previously issued by the CFPB so as not to create chaos. When registering, you will have the opportunity to submit questions you would like our speakers to address during the webinar. 

Alan Kaplinsky, Senior Counsel and Former Practice Group Leader in Ballard Spahr’s Consumer Financial Services Group, will moderate.

Our guest speakers include:

• Michael R. Williams, Principal Deputy Solicitor General, Office of the West Virginia Attorney General
• Adam J. Levitin, Counsel for the Financial Regulation Scholars, Georgetown University of Law Center
• Scott L. Nelson, Counsel for 10 Consumer Advocacy Organizations, Public Citizen Litigation Group
• Jeffrey P. Naimon, Counsel for the Mortgage Bankers Association, the National Association of Home Builders, and the National Association of Realtors, Orrick, Herrington & Sutcliffe LLP
• Thomas Berry, Research Fellow, Robert A. Levy Center for Constitutional Studies, Editor-in-Chief of the Cato Supreme Court Review, Cato Institute
• John Masslon, Counsel, Washington Legal Foundation

If the CFPB has regulatory, supervisory or enforcement authority over your bank, credit union, or company, you won’t want to miss this special event. Space is limited.

CLE Language:  This program is approved for 1.5 CLE credits in CA, NV, NY, & PA; and 1.8 NJ CLE credits. Uniform Certificates of Attendance will also be provided for the purpose of seeking credit in other jurisdictions.

Please register at least two days before the webinar(s). Login details will be sent to all approved registrants. For more information, contact questions@ballardspahr.com.