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| English v. Trump | |
|---|---|
 | |
| Court | United States District Court for the District of Columbia |
| Full case name | Leandra English, Deputy Director and Acting Director, Consumer Financial Protection Bureau v. Donald J. Trump, in his official capacity as President of the United States of America and John Michael Mulvaney, in his capacity as the person claiming to be the acting director of the Consumer Financial Protection Bureau |
| Decided | Pending (filed November 26, 2017) |
| Defendant | Donald Trump Mick Mulvaney |
| Plaintiff | Leandra English |
| Citation | No. 1:17-cv-02534 |
| Court membership | |
| Judge sitting | Timothy J. Kelly |
Leandra English v. Donald Trump, et al., No. 1:17-cv-02534 (D.D.C. 2017), is a lawsuit pending before the United States District Court for the District of Columbia. The plaintiff, Leandra English, alleges that the defendants, Donald Trump and Mick Mulvaney, violated 12 U.S.C. § 5491(b)(5)(B), a component of the Dodd–Frank Act of 2010, when appointing Mulvaney to be Acting Director of the Consumer Financial Protection Bureau. English filed her lawsuit shortly after outgoing director Richard Cordray resigned, and is seeking to block Mulvaney from taking temporary control of the agency.
The case has attracted various amicus curiae briefs, including one signed by Barney Frank and Elizabeth Warren, the legal architects of the agency, urging the Court to side with the plaintiff. Another amici brief supporting the defendants was filed by the attorneys general of Texas, Alabama, and Georgia, among others.
On November 28, Judge Timothy J. Kelly denied the plaintiff's request for an emergency temporary restraining order.
Background
On November 25, 2017, English was appointed Deputy Director of the CFPB by outgoing Director Richard Cordray, and according to Cordray that would make English the Acting Director after his resignation. That same evening, President Donald Trump appointed the Director of the Office of Management and Budget (OMB), Mick Mulvaney, as the Acting Director of the CFPB. The Federal Vacancies Reform Act (FVRA) allows the president to appoint an interim replacement without Senate confirmation, but the FVRA does not provide the “exclusive means” for filling a vacancy when “a statutory provision...designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity.” The law establishing the CFPB (the Dodd–Frank Act) is arguably unclear about whether the director's resignation qualifies as "unavailability" under FVRA, leading to confusion as to who would lead the agency, which set up a legal battle.
The Office of Legal Counsel and General Counsel to the CFPB concluded that the FVRA provided a non-exclusive option for appointing a successor even when another, more specific option exists in another statute (in this case, the Dodd–Frank Act): an opinion that the FVRA gives the President the right to appoint an interim successor in this case.
See also
References
- Merle, Renae (November 26, 2017). "Leandra English, the woman at the center of a White House battle for control of the CFPB, files lawsuit against Trump pick to lead watchdog agency". Washington Post. ISSN 0190-8286. Retrieved November 30, 2017.
- Hsu, Spencer S.; Heath, Thomas (November 28, 2017). "Federal judge rules that Trump's choice can remain at head of consumer watchdog bureau". Washington Post. ISSN 0190-8286. Retrieved November 30, 2017.
- CNN, Miranda Green,. "Judge won't block Trump's pick to lead consumer protection agency". CNN. Retrieved November 30, 2017.
{{cite news}}:|last=has generic name (help)CS1 maint: extra punctuation (link) CS1 maint: multiple names: authors list (link) - "Leandra English Named Deputy Director of the Consumer Financial Protection Bureau". Washington, D.C.: Consumer Financial Protection Bureau. November 24, 2017. Retrieved November 25, 2017.
- Dayen, David (November 24, 2017). "Richard Cordray Sets Up Titanic Struggle For Control of the Consumer Protection Bureau with Last-Minute Move". The Intercept. Retrieved November 25, 2017.
- Puzzanghera, Jim (November 24, 2017). "Trump names Mulvaney as acting CFPB chief as Richard Cordray departs". Los Angeles Times. Retrieved November 25, 2017.
- Merle, Renae (November 25, 2017). "White House consulted Justice Department before naming CFPB critic to lead agency, administration says". Retrieved November 29, 2017 – via www.washingtonpost.com.