CFPB v. All American Check Cashing, Inc.

U.S. Court of Appeals for the Fifth Circuit

Tab Group

Merits Stage

En banc Fifth Circuit sua sponte grants rehearing and vacates prior divided panel opinion upholding the constitutionality of the for-cause removal restrictions on the Director of the CFPB

March 20, 2020

Click here to view the order reopening the case. The U.S. Chamber filed a brief arguing these limitations are unconstitutional, which the divided panel of the Fifth Circuit previously upheld. Now everyone will wait for the Supreme Court to decide the issue in the Seila Law case.

Divided panel of the Fifth Circuit rules in favor of the constitutionality of the for-cause limitations upon the removal of the Director of the CFPB

March 3, 2020

The U.S. Chamber filed an amicus brief urging the opposite outcome. The panel issued its opinion the same day that the Supreme Court heard oral argument in Seila Law v. CFPB, in which the U.S. Chamber also filed an amicus brief.

U.S. Chamber files amicus brief arguing for-cause limitation on President’s power to remove Director of the CFPB is unconstitutional

July 9, 2018

Click here to view the Chamber’s amicus brief.

Andrew J. Pincus, Stephen C.N. Lilley, and Matthew A. Waring of Mayer Brown LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.