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Court: Trump pick Mick Mulvaney can remain as Acting Director of CFPB

Court: Trump pick Mick Mulvaney can remain as Acting Director of CFPB

Denies preliminary injunction to Leandra English, appointed by outgoing Director Richard Cordray.

Donald Trump secured a victory in the federal District Court in D.C., as a Judge just ruled that Mick Mulvaney can continue as Acting Director of the Consumer Financial Protection Bureau (CFPB). The Court rejected the claims of Leandra English, appointed by Richard Cordray just as he was leaving CFPB, that she should remain as Acting Director pending nomination and confirmation of a replacement Director.

The Opinion and Order (pdf.) is embedded at the bottom of this post.


For background, see our prior posts:

The Court summarized the background and its ruling in the opening paragraphs of the Opinion and Order:

This case concerns whether the President is authorized to name an acting Director of the Consumer Financial Protection Bureau (“CFPB”) or whether his choice must yield to the ascension of the Deputy Director, who was installed in that office by the outgoing Director in the hours before he resigned. The CFPB is a government agency created after the financial crisis of 2007-2008 by the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act” or “Dodd-Frank”), Pub. L. No. 111-203, 124 Stat. 1376 (2010). The CFPB’s previous Director, Richard Cordray, resigned effective at midnight on the day after Thanksgiving: Friday, November 24, 2017. That same day, he named Plaintiff Leandra English the CFPB’s Deputy Director, in an apparent attempt to select his successor. But the President, Defendant Donald John Trump, made his own appointment that day, announcing that Defendant John Michael Mulvaney, who serves as the Director of the Office of Management and Budget (“OMB”), would also serve as acting Director of the CFPB upon Cordray’s resignation.

English claims that, by operation of the Dodd-Frank Act, she—and only she—is now entitled to be the acting Director of the CFPB. She seeks a preliminary injunction that would restrain the President from appointing an acting Director other than her, require the President to withdraw Mulvaney’s appointment, and prohibit Mulvaney from serving as acting Director.

Defendants, joined by the CFPB’s General Counsel, argue that the President’s appointment of Mulvaney is valid under a separate statute, the Federal Vacancies Reform Act of 1998 (the “FVRA”), 5 U.S.C. § 3345 et seq., which they contend provides the President an available method to fill Executive Branch vacancies such as this one. They urge the Court to deny the injunction.

The merits of this case turn on a question of statutory interpretation, where “[t]he ‘role of this Court is to apply the statute[s] as [they are] written—even if . . . some other approach might accord with good policy.’” Loving v. IRS, 742 F.3d 1013, 1022 (D.C. Cir. 2014) (quoting Burrage v. United States, 134 S. Ct. 881, 892 (2014)). Thus, the particular policies or priorities that English or Mulvaney might pursue as the CFPB’s acting Director are irrelevant to the Court’s analysis. For the reasons explained below, including that English has not demonstrated a likelihood of success on the merits or shown that she will suffer irreparable injury absent injunctive relief, her request for a preliminary injunction is DENIED.


English v. Trump – Opinion and Order Permitting Mulvaney to Remain as Acting Director of CFPB by Legal Insurrection on Scribd


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Another win for President Trump and America. MAGA.

    Tom Servo in reply to bear. | January 11, 2018 at 9:57 am

    Hmm, I’m trying to remember which poster here went on and on about how the Leftist’s pick had the legal authority to take over this agency, that Trump was going to lose this fight and that Mulvaney would never take over, hmmm, who was that…..

Mulvaney is shutting down the financial pipeline running from the CFPB to left-wing groups. That’s what this is really about.

    mathewsjw in reply to tarheelkate. | January 10, 2018 at 8:46 pm

    only temporary unless the CFPB is eliminated by Congress..

    ditto temporary fix at EPA unless..

    ditto same issue with Trump Deranged DoJ/FBI unless serious reform done by Congress.

Another embarrassing and humiliating rebuke to Mr. Justice Milhouse.

I think what they said was pound sand

another day, another blow to Fauxcahontas

Here’s an idea. Just eliminate the CFPB.

Problem solved.

    Tom Servo in reply to rinardman. | January 11, 2018 at 10:00 am

    Mulvaney has already cut out the Slush Fund part, which allowed the CFPB to send large amounts of money to any leftist group they wanted, with NO Congressional oversight. That was what the left mostly wanted out of this agency, with that gone they won’t fight much to keep it anymore.

      Sure hope you’re right. But if it’s a function of Dodd/Frank, does that onerous law have to be revoked in order to close the agency?

        Tom Servo in reply to hrh40. | January 11, 2018 at 10:54 am

        From the wiki stub: “The Financial CHOICE Act, proposed by the House Financial Services Committee’s Jeb Hensarling, to repeal the Dodd–Frank Wall Street Reform and Consumer Protection Act, passed the House on June 8, 2017. Also in June 2017, the Senate was crafting its own reform bill.”

        So, the ball is in Mitch McConnell’s hands. He can make it happen if he wants to, House has already done its part.

Morning Sunshine | January 10, 2018 at 8:20 pm

nope. not tired of winning.

Did they fire Leandra?

    Watson in reply to Exiliado. | January 11, 2018 at 1:45 am

    Great question and one would think and hope so. Mulvaney ought to consider reorganizing the leadership, organizational chart and reporting structure of the agency. Make a reduction in force via job eliminations a priority to streamline the entire agency.

      Tom Servo in reply to Watson. | January 11, 2018 at 10:01 am

      I think Leandra is still there, but she’s been given an office in the basement with no windows and one Red Stapler. Kinda like Milton in “The Office.”

    I think they are trying to get rid of her, she was a political appointee that ‘burrowed in’

So very many Democrats think that their party is entitled to retain the powers of the Presidency.

G. de La Hoya | January 11, 2018 at 8:36 am

Who funded LeAndra?
Investigate her a$$ and sue like Eric Holdem’ n Weep would’ve done 😉

Being as the CFPB is a UnConstitutional agency Do Away With It, NOW.

and on the same basis I contend there is absolutely no reason why president number 44 should not be able to name his successor