No. 22-838

Integrity Advance, LLC, et al. v. Consumer Financial Protection Bureau

Lower Court: Tenth Circuit
Docketed: 2023-03-03
Status: Denied
Type: Paid
Experienced Counsel
Tags: administrative-law administrative-law-judges appointments-clause appropriations-clause consumer-financial-protection-bureau due-process judicial-review lucia-v-sec separation-of-powers
Key Terms:
AdministrativeLaw Environmental Securities JusticiabilityDoctri
Latest Conference: 2023-06-08
Question Presented (AI Summary)

Whether the Lucia 'new hearing' remedy requires an actual new hearing or only a cold review of the record

Question Presented (from Petition)

QUESTIONS PRESENTED 1. When this Court in Lucia v. SEC, 138 8S. Ct. 2044 (2018) instructed that an agency must hold a “new hearing” before a new and properly appointed official in order to cure an Appointments Clause violation, whether the Court intended the agency actually hold a new hearing, as the opinion plainly states, or whether a “new hearing” meant only to conduct a cold review of the paper record of the first, tainted hearing, without any additional discovery or new testimony, as the Consumer Financial Protection Bureau Administrative Law Judge did here and as the Tenth Circuit affirmed. 2. Whether an agency funding _ structure circumventing the Appropriations Clause violates the separation of powers, thus invalidating prior agency action taken under the unconstitutional funding structure.

Docket Entries

2023-06-12
Petition DENIED.
2023-05-23
DISTRIBUTED for Conference of 6/8/2023.
2023-05-19
Reply of petitioners Integrity Advance, LLC and James R. Carnes filed. (Distributed)
2023-05-03
Brief of respondent Consumer Financial Protection Bureau in opposition filed.
2023-03-31
Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2023.
2023-03-29
Motion to extend the time to file a response from April 3, 2023 to May 3, 2023, submitted to The Clerk.
2023-03-01
Petition for a writ of certiorari filed. (Response due April 3, 2023)
2023-01-17
Application (22A641) granted by Justice Gorsuch extending the time to file until March 1, 2023.
2023-01-11
Application (22A641) to extend the time to file a petition for a writ of certiorari from January 30, 2023 to March 1, 2023, submitted to Justice Gorsuch.

Attorneys

Consumer Financial Protection Bureau
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Integrity Advance, LLC and James R. Carnes
Stephen Robert McAllisterDentons US LLP, Petitioner
Stephen Robert McAllisterDentons US LLP, Petitioner