No. 18-307

State National Bank of Big Spring, et al. v. Steven T. Mnuchin, Secretary of the Treasury, et al.

Lower Court: District of Columbia
Docketed: 2018-09-10
Status: Denied
Type: Paid
Amici (4) Experienced Counsel
Tags: appropriations-clause bureau-of-consumer-financial-protection civil-rights congressional-oversight constitutional-structure dodd-frank due-process executive-authority independent-agency power-of-the-purse removal-power removal-restrictions separation-of-powers
Key Terms:
Privacy
Latest Conference: 2019-01-11
Question Presented (AI Summary)

Whether the CFPB violates separation-of-powers

Question Presented (OCR Extract)

QUESTIONS PRESENTED The questions presented are: 1. Whether Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act violates the Constitution’s separation of powers by creating the Bureau of Consumer Financial Protection (“CFPB”) as an independent agency that exercises expansive executive authority over private citizens but is led by a single Director that the President cannot remove from office for policy reasons, is exempted from Congress’s power of the purse and accompanying congressional oversight, and has no internal checks or balances (such as those afforded by a deliberative multi-member commission structure) to mitigate this lack of accountability and restraint. 2. Whether Humphrey’s Ex’r v. United States, 295 U.S. 602 (1935), should be overturned. 3. Whether the Appropriations Clause, in conjunction with the Constitution’s separation of powers, permits Congress to create perpetual, ondemand funding streams for executive agencies that are unreviewably drawn from the coffers of other independent agencies.

Docket Entries

2019-01-14
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-21
Reply of petitioners State National Bank of Big Spring, et al. filed.
2018-12-10
Brief of respondent United States in opposition filed.
2018-11-09
Motion to extend the time to file a response is granted and the time is further extended to and including December 10, 2018.
2018-11-08
Motion to extend the time to file a response from November 9, 2018 to December 10, 2018, submitted to The Clerk.
2018-10-11
Motion to extend the time to file a response is granted in part and the time is extended to and including November 9, 2018.
2018-10-10
Brief amicus curiae of Landmark Legal Foundation filed.
2018-10-10
Brief amicus curiae of Pacific Legal Foundation filed.
2018-10-10
Motion to extend the time to file a response from October 10, 2018 to November 11, 2018, submitted to The Clerk.
2018-10-09
Brief amicus curiae of The Buckeye Institute for Public Policy Solutions filed.
2018-10-09
Brief amici curiae of Southeastern Legal Foundation, et al. filed.
2018-09-06
Petition for a writ of certiorari filed. (Response due October 10, 2018)

Attorneys

Landmark Legal Foundation
Richard Peter HutchisonLandmark Legal Foundation, Amicus
Richard Peter HutchisonLandmark Legal Foundation, Amicus
Pacific Legal Foundation
Oliver James DunfordPacific Legal Foundation, Amicus
Oliver James DunfordPacific Legal Foundation, Amicus
Southeastern Legal Foundation, NFIB Small Business Legal Center and Cato Institute
Kimberly Stewart HermannSoutheastern Legal Foundation, Amicus
Kimberly Stewart HermannSoutheastern Legal Foundation, Amicus
State National Bank of Big Spring, et al.
Gregory Frederick JacobO'Melveny & Myers LLP, Petitioner
Gregory Frederick JacobO'Melveny & Myers LLP, Petitioner
The Buckeye Institute for Public Policy Solutions
Christian George VergonisJones Day, Amicus
Christian George VergonisJones Day, Amicus
United States
Jeffrey Bryan WallActing Solicitor General, Respondent
Jeffrey Bryan WallActing Solicitor General, Respondent