Seila Law LLC v. Consumer Financial Protection Bureau

U.S. Supreme Court

Question(s) Presented

Whether the vesting of substantial executive authority in the Consumer Financial Protection Bureau, an independent agency led by a single director, violates the separation of powers.

Tab Group

Merits Stage

Supreme Court holds that statutory limitations on the removal of the Director of the CFPB violate the separation of powers

June 29, 2020

Click here to view the opinion.

U.S. Chamber files brief addressing statutory limitations on the removal of the Director of the CFPB

December 18, 2019

The U.S. Chamber’s amicus brief argus that the current structure of the CFPB unconstitutionally insulates the Bureau from political accountability to the President and Congress. The brief urges the Court to grant relief to businesses challenging regulatory and enforcement action by the Bureau.

Andrew J. Pincus, Stephen C.N. Lilley, and Samantha C. Booth of Mayer Brown LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center. The U.S. Chamber previously filed an amicus brief at the cert. stage supporting review.

Petition Stage

Cert. granted

October 18, 2019

The Court added a remedy QP:

In addition to the question presented by the petition, the parties are directed to brief and argue the following question: If the Consumer Financial Protection Bureau is found unconstitutional on the basis of the separation of powers, can 12 U.S.C. §5491(c)(3) be severed from the Dodd-Frank Act?

U.S. Chamber files amicus brief urging Supreme Court to decide constitutional challenge to the statutory limitations on the removal of the Director of the CFPB

July 29, 2019

Click here to view the Chamber’s 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.

Case Documents

Cert. Petition -- Seila Law LLC v. CFPB (U.S. Supreme Court).pdf

Appendix -- Seila Law LLC v. CFPB (U.S. Supreme Court).pdf

U.S. Chamber Amicus Brief -- Seila Law LLC v. CFPB (U.S. Supreme Court).pdf

Brief for Respondent -- Seila Law LLC v. CFPB (U.S. Supreme Court).pdf

Reply Brief for Petitioner -- Seila Law LLC v. CFPB (U.S. Supreme Court).pdf

U.S. Chamber Amicus Brief (merits) -- Seila Law LLC v. CFPB (U.S. Supreme Court).pdf

Opinion -- Seila Law v. CFPB (U.S. Supreme Court).pdf