D.C. Circuit Questions English's Standing To Challenge CFPB Control

The battle for control of the Consumer Financial Protection Bureau ("CFPB") raged on this Thursday during oral argument before the United States Court of Appeals for the District of Columbia Circuit in English v. Trump. All three panel judges seemed skeptical of English's claim that she should be acting director of the CFPB, but two judges questioned whether President Trump could appoint Mulvaney as acting director when a provision in the Dodd-Frank Act states that a subsection on budgeting and financial management "may not be construed as implying ... any jurisdiction or oversight over the affairs or operations of the [CFPB]" by the Office of Management and Budget ("OMB").

As we previously reported in January and February, there are several pending actions that question the President's authority to appoint OMB Director Mick Mulvaney as the CFPB's acting director. In this case, CFPB Deputy Director English claims that she is the rightful acting director