No. 22-448
Consumer Financial Protection Bureau, et al. v. Community Financial Services Association of America, Limited, et al.
Tags: administrative-law appropriations-clause cfpb-funding constitutional-law consumer-financial-protection-bureau judicial-review separation-of-powers statutory-funding statutory-interpretation
Key Terms:
AdministrativeLaw SocialSecurity Securities JusticiabilityDoctri
AdministrativeLaw SocialSecurity Securities JusticiabilityDoctri
Latest Conference:
2023-02-24
(distributed 2 times)
Question Presented (AI Summary)
Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau (CFPB), 12 U.S.C. 5497, violates the Appropriations Clause, U.S. Const. Art. I, § 9, Cl. 7, and in vacating a regulation promulgated at a time when the CFPB was receiving such funding
Question Presented (from Petition)
QUESTION PRESENTED Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau (CFPB), 12 U.S.C. 5497, violates the Appropriations Clause, U.S. Const. Art. I, § 9, Cl. 7, and in vacating a regulation promulgated at a time when the CFPB was receiving such funding. (I)
Docket Entries
2024-06-17
Judgment Issued.
2024-05-16
Judgment REVERSED and case REMANDED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-448_o7jp.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Kagan, J., filed a concurring opinion, in which Sotomayor, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined.
2023-10-03
Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Noel J. Francisco, Washington, D. C.
2023-08-21
Motion of West Virginia and 26 Other States for leave to participate in oral argument as amici curiae and for divided argument DENIED.
2023-08-02
Reply of petitioners Consumer Financial Protection Bureau, et al. filed. (Distributed)
2023-07-27
CIRCULATED
2023-07-24
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and available on PACER.
2023-07-24
Record from W.D. Tex. electronically received and available with the Clerk.
2023-07-17
Record requested from the United States Court of Appeals for the Fifth Circuit.
2023-07-14
SET FOR ARGUMENT on Tuesday, October 3, 2023.
2023-07-12
Response in opposition to motion from respondents Community Financial Services Association of America, Limited, et al. filed.
2023-07-10
Brief amicus curiae of John Michael “Mick” Mulvaney filed.
2023-07-10
Brief amicus curiae of Landmark Legal Foundation filed.
2023-07-10
Brief amici curiae of Former Members of Congress filed.
2023-07-10
Brief amici curiae of Credit Union National Association, Inc., National Association of Federally-Insured Credit Unions, and American Association of Credit Union Leagues filed.
2023-07-10
Brief amicus curiae of New England Legal Foundation filed.
2023-07-10
Brief amici curiae of ACA International filed.
2023-07-10
Brief amicus curiae of Washington Legal Foundation filed.
2023-07-10
Brief amici curiae of New Civil Liberties Alliance, et al. filed.
2023-07-10
Brief amicus curiae of Third Party Payment Processors Association filed.
2023-07-10
Brief amici curiae of 132 Members of Congress filed.
2023-07-10
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2023-07-10
Brief amicus curiae of The Foundation for Government Accountability filed.
2023-07-10
Brief amici curiae of America's Future, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund filed.
2023-07-10
Motion of State of West Virginia and 26 Other States for leave to participate in oral argument as amici curiae and for divided argument filed.
2023-07-07
Brief amici curiae of State of West Virginia and 26 Other States filed.
2023-07-07
Brief amicus curiae of Americans for Prosperity Foundation filed.
2023-07-06
Brief amicus curiae of Atlantic Legal Foundation filed.
2023-07-03
Brief of respondents Community Financial Services Association of America, Limited, et al. filed.
2023-06-30
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2023-05-15
Brief amici curiae of Financial Regulation Scholars filed.
2023-05-15
Brief amici curiae of Ten Consumer Advocacy Organizations filed.
2023-05-15
Brief amici curiae of AARP and AARP Foundation filed.
2023-05-15
Brief amici curiae of 90 State and Local Nonprofit Organizations filed.
2023-05-15
Brief amici curiae of The Mortgage Bankers Association, et al. in support of neither party.
2023-05-15
Brief amici curiae of Current and Former Members of Congress filed.
2023-05-15
Brief amicus curiae of National Treasury Employees Union filed.
2023-05-15
Brief amici curiae of Military and Veterans Organizations filed.
2023-05-15
Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law, et al. filed.
2023-05-15
Brief amici curiae of Professors of History and Constitutional Law filed.
2023-05-15
Brief amici curiae of Community Development Credit Unions and Financial Institutions Including Self-Help Credit Union, et al. filed.
2023-05-15
Brief amici curiae of States of New York, et al.
2023-05-15
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
2023-05-12
Brief amici curiae of Farm Action, et al. filed.
2023-05-08
Brief of petitioners Consumer Financial Protection Bureau, et al. filed.
2023-04-26
Motion to dispense with printing the joint appendix filed by petitioners Consumer Financial Protection Bureau, et al.
2023-03-14
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 8, 2023. The time to file respondents' brief on the merits is extended to and including July 3, 2023.
2023-03-10
Motion for an extension of time filed.
2023-02-27
Petition GRANTED.
2023-02-21
DISTRIBUTED for Conference of 2/24/2023.
2023-02-01
Reply of petitioner Consumer Financial Protection Bureau, et al. filed. (Distributed)
2023-02-01
DISTRIBUTED for Conference of 2/17/2023.
2023-01-13
Brief of respondents Community Financial Services Association of America, Limited, et al. in opposition filed.
2022-12-14
Brief amici curiae of New York, et al. filed.
2022-12-14
Brief amici curiae of West Virginia, et al. filed.
2022-11-22
Motion to extend the time to file a response is granted and the time is extended to and including January 13, 2023.
2022-11-21
Response to motion to extend the time to file a response filed.
2022-11-21
Motion to extend the time to file a response from December 14, 2022 to January 13, 2023, submitted to The Clerk.
2022-11-14
Petition for a writ of certiorari filed. (Response due December 14, 2022)
Attorneys
132 Members of Congress
90 State and Local Nonprofit Organizations
AARP and AARP Foundation
Maame Gyamfi — AARP Foundation, Amicus
Maame Gyamfi — AARP Foundation, Amicus
ACA International
America's Future, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund
William Jeffrey Olson — William J. Olson, P.C., Amicus
William Jeffrey Olson — William J. Olson, P.C., Amicus
Americans for Prosperity Foundation
Atlantic Legal Foundation
Lawrence S. Ebner — Atlantic Legal Foundation, Amicus
Lawrence S. Ebner — Atlantic Legal Foundation, Amicus
Center for Constitutional Jurisprudence
Chamber of Commerce of the United States of America, et al.
Cameron Thomas Norris — Consovoy McCarthy PLLC, Amicus
Cameron Thomas Norris — Consovoy McCarthy PLLC, Amicus
Community Development Credit Unions and Financial Institutions Including Self-Help Credit Union, The Center For Responsible Lending, And National Association of Latino Community Asset Builders
Community Financial Services Association of America, Limited, et al.
Noel John Francisco — Jones Day, Respondent
Noel John Francisco — Jones Day, Respondent
Consumer Financial Protection Bureau, et al.
Elizabeth B. Prelogar — Solicitor General, Petitioner
Elizabeth B. Prelogar — Solicitor General, Petitioner
Credit Union National Association, Inc., National Association of Federally-Insured Credit Unions, and American Association of Credit Union Leagues
Farm Action, HEAL Food Alliance, Institute for Agriculture and Trade Policy, Rural Coalition, Partners for Rural Transformation
Financial Regulation Scholars
Gregory M. Lipper — LeGrand Law PLLC, Amicus
Gregory M. Lipper — LeGrand Law PLLC, Amicus
John Michael “Mick” Mulvaney
Brunn Wall Roysden III — Fusion Law, PLLC, Amicus
Brunn Wall Roysden III — Fusion Law, PLLC, Amicus
Landmark Legal Foundation
Lawyers’ Committee for Civil Rights Under Law, Housing Clinic of Jerome N. Frank Legal Services Organization at Yale Law School, Leadership Conference on Civil and Human Rights, National Fair Housing Alliance, Unidosus, et al.
Military and Veterans Organizations
New Civil Liberties Alliance, et al.
Richard A. Samp — New Civil Liberties Alliance, Amicus
Richard A. Samp — New Civil Liberties Alliance, Amicus
New England Legal Foundation
Mark Andrew Perry — Weil, Gotshal & Manges, LLP, Amicus
Mark Andrew Perry — Weil, Gotshal & Manges, LLP, Amicus
Professors of History and Constitutional Law
Public Citizen. et al.
State of West Virginia and 15 Other States
State of West Virginia and 26 Other States
States of New York, California, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, and Wisconsin, and the
Barbara Dale Underwood — Solicitor General, Amicus
Barbara Dale Underwood — Solicitor General, Amicus
The Foundation for Government Accountability
The Mortgage Bankers Association, The National Association of Home Builders and The National Association of Realtors
Third Party Payment Processors Association
Washington Legal Foundation