Decided

No. 19-7

Seila Law LLC v. Consumer Financial Protection Bureau

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court with respect to Parts I, II, and III, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined, and an opinion with respect to Part IV, in which Alito and Kavanaugh, JJ., joined. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Gorsuch, J., joined. Kagan, J., filed an opinion concurring in the judgment with respect to severability and dissenting in part, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.

Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent supporting vacatur: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Paul D. Clement, Washington, D. C. For United States House of Representatives as amicus curiae: Douglas N. Letter, General Counsel, Washington, D. C.

Reply of petitioner Seila Law LLC filed. (Distributed)

Reply of respondent Consumer Financial Protection Bureau filed. (Distributed)

Motion for enlargement of time for oral argument and for divided argument GRANTED, and the time is divided as follows: 20 minutes for the petitioner, 20 minutes for the Solicitor General, 20 minutes for the Court-appointed amicus curiae, and 10 minutes for the United States House of Representatives.

Motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Brief amici curiae of U.S. Senators Sheldon Whitehouse, Richard Blumenthal, and Mazie Hirono filed. (Distributed)

Brief amici curiae of Financial Regulation Scholars filed. (Distributed)

Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed)

Brief amicus curiae of Main Street Alliance filed. (Distributed)

Brief amici curiae of Rachel E. Barkow, et al. filed. (Distributed)

Brief amici curiae of Professors Martin S. Lederman, et al. filed. (Distributed)

Brief amici curiae of Self-Help Credit Union, et al. filed. (Distributed)

Brief amici curiae of Project on Government Oversight and Morton Rosenberg filed. (Distributed)

Brief amici curiae of Harold H. Bruff, et al. filed. (Distributed)

Brief amici curiae of Current and Former Members of Congress filed. (Distributed)

Brief amici curiae of State of New York, et al. filed. (Distributed)

Brief amicus curiae of Professor John Harrison filed. (Distributed)

Brief amicus curiae of United States House of Representatives filed. (Distributed)

CIRCULATED

Motion for enlargement of time for oral argument and for divided argument filed by petitioner Seila Law LLC.

Motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amici curiae of Public Citizen, Inc., et al. filed. (Distributed)

Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below on the question presented by the petition filed.

Record requested from the U.S.C.A. 9th Circuit.

The record of the USCA 9th Circuit is available on PACER.

Brief amicus curiae of The Buckeye Institute filed.

Brief amici curiae of U.S. Senators Mike Lee, et al. filed.

Brief amici curiae of The Cato Institute, et al. filed.

Brief amicus curiae of Consumer Bankers Association in support of neither party filed.

Brief amicus curiae of Credit Union National Association, Inc. filed.

Brief amicus curiae of Landmark Legal Foundation filed.

Brief amici curiae of Separation of Powers Scholars filed.

Brief amicus curiae of New Civil Liberties Alliance filed.

Brief amici curiae of RD Legal Funding Partners, LP, et al. filed.

Brief amici curiae of Mortgage Bankers Association, et al. in support of neither party filed.

Brief amici curiae of States of Texas, et al. filed.

Brief amicus curiae of Center for the Rule of Law filed.

Brief amici curiae of State National Bank of Big Spring, The Competitive Enterprise Institute, et al. filed.

Brief amicus curiae of The Chamber of Commerce of the United States of America filed.

Brief amici curiae of Nationwide Biweekly Administration, Inc., et al. filed.

Brief amici curiae of Southeastern Legal Foundation and National Federation of Independent Business Small Business Legal Center filed.

Brief amici curiae of Patrick J. Collins, Marcus J. Liotta, and William M. Hitchcock filed.

Brief amicus curiae of Washington Legal Foundation filed.

Brief amici curiae of Twenty-Seven Members of the U.S. House of Representatives filed.

Brief amicus curiae of Harpeth Financial Services, LLC filed.

Brief amicus curiae of Alan B. Morrison in support of neither party filed.

Brief amicus curiae of Pacific Legal Foundation filed.

Brief amicus curiae of Center for Constitutional Jurisprudence filed.

Brief of respondent Consumer Financial Protection Bureau filed.

Brief of petitioner Seila Law LLC filed.

Motion to dispense with printing the joint appendix filed by petitioner GRANTED.

SET FOR ARGUMENT on Tuesday, March 3, 2020.

Motion to dispense with printing the joint appendix filed by petitioner Seila Law LLC.

Amicus curiae briefs, on both or either question being briefed in this case, shall be filed within 7 days after the party supported files its brief on the question presented by the petition.

Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and respondent's brief on the merits is extended to and including December 9, 2019. The time to file the brief on the merits of Court-appointed amicus curiae in support of the judgment below on the question presented by the petition is extended to and including January 15, 2020.

Blanket Consent filed by Respondent, Consumer Financial Protection Bureau

Joint motion for an extension of time to file the briefs on the merits filed.

Paul D. Clement, Esquire, of Washington, D.C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below on the question presented by the petition.

Blanket Consent filed by Petitioner, Seila Law LLC.

Motion of United States House of Representatives for leave to file a brief as amicus curiae out of time GRANTED.

Motion of Alan B. Morrison for leave to file a brief as amicus curiae out of time GRANTED.

Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: If the Consumer Financial Protection Bureau is found unconstitutional on the basis of the separation of powers, can 12 U.S.C. §5491(c)(3) be severed from the Dodd-Frank Act .

DISTRIBUTED for Conference of 10/18/2019.

Motion of Alan B. Morrison for leave to file a brief as amicus curiae out of time filed.

Reply of petitioner Seila Law LLC filed. (Distributed)

Motion of United States House of Representatives for leave to file a brief as amicus curiae out of time filed. (Distributed)

DISTRIBUTED for Conference of 10/11/2019.

Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.

Brief of respondent Consumer Financial Protection Bureau filed.

Motion to extend the time to file a response is granted and the time is further extended to and including September 18, 2019.

Motion to extend the time to file a response from August 28, 2019 to September 18, 2019, submitted to The Clerk.

Brief amici curiae of States of Texas, et al. filed. (Aug. 6, 2019)(Corrected version submitted)

Brief amicus curiae of Landmark Legal Foundation filed.

Brief amicus curiae of Pacific Legal Foundation filed.

Brief amici curiae of Southeastern Legal Foundation, et al. filed.

Brief amicus curiae of The Chamber of Commerce of the United States of America filed.

Brief amicus curiae of Cato Institute filed.

Brief amici curiae of Separation of Powers Scholars filed.

Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019.

Motion to extend the time to file a response from July 29, 2019 to August 28, 2019, submitted to The Clerk.

Blanket Consent filed by Petitioner, Seila Law LLC.

Petition for a writ of certiorari filed. (Response due July 29, 2019)

Parties

Seila Law LLC, Petitioner, represented by Kannon K. Shanmugam

Consumer Financial Protection Bureau, Respondent, represented by Noel J. Francisco

Amici Curiae

Alan B. Morrison, Amicus Curiae, represented by Alan B. Morrison

Cato Institute, Amicus Curiae, represented by Scott A. Keller

Center for Constitutional Jurisprudence, Amicus Curiae, represented by John C. Eastman

Center for the Rule of Law, Amicus Curiae, represented by Theodore B. Olson

Consumer Bankers Association, Amicus Curiae, represented by Jonathan Saul Franklin

Court-appointed amicus curiae in support of the judgment below on the question presented by the petition, Amicus Curiae, represented by Paul D. Clement

Credit Union National Association, Inc., Amicus Curiae, represented by Julian Richard Ellis Jr.

Current and Former Members of Congress, Amicus Curiae, represented by Brianne Jenna Gorod

Financial Regulation Scholars, Amicus Curiae, represented by Deepak Gupta

Harold H. Bruff, Jessica Bulman-Pozen, Jerry L. Mashaw, Gillian Metzger, Anne Joseph O’Connell, Peter M. Shane, Peter L. Strauss, and Paul R. Verkuil, Amicus Curiae, represented by Latif Mohamed Nurani

Harpeth Financial Services, LLC, Amicus Curiae, represented by Andrew Michael Grossman

Landmark Legal Foundation, Amicus Curiae, represented by Matthew Conrad Forys

Landmark Legal Foundation, Amicus Curiae, represented by Richard Peter Hutchison

Main Street Alliance, Amicus Curiae, represented by Steven Eliott Fineman

Mortgage Bankers Association, National Association of Home Builders, and National Association of Realtors, Amicus Curiae, represented by Benjamin Barnet Klubes

National Consumer Law Center, et al., Amicus Curiae, represented by Stuart Todd Rossman

Nationwide Biweekly Administration, Inc., Loan Payment Administration LLC, and Daniel S. Lipsky, Amicus Curiae, represented by Amanda Rose Parker

New Civil Liberties Alliance, Amicus Curiae, represented by Jonathan F. Mitchell

Pacific Legal Foundation, Amicus Curiae, represented by Oliver James Dunford

Patrick J. Collins, Marcus J. Liotta, and William M. Hitchcock, Amicus Curiae, represented by Charles Justin Cooper

Professor John Harrison, Amicus Curiae, represented by John Harrison

PROFESSORS MARTIN S. LEDERMAN AND DAVID C. VLADECK, Amicus Curiae, represented by Martin Seth Lederman

Project on Government Oversight and Morton Rosenberg, Amicus Curiae, represented by Joseph Carl Cecere

Public Citizen, Inc., et al., Amicus Curiae, represented by Scott Lawrence Nelson

Rachel E. Barkow, et al., Amicus Curiae, represented by Richard L. Revesz

RD Legal Funding Partners, LP, RD Legal Finance, LLC, RD Legal Funding, LLC, and Roni Dersovitz, Amicus Curiae, represented by Albert Quoc Giang

Self-Help Credit Union, Hope Credit Union, Hope Enterprise Corporation, National Association of Latino Community Asset Builders, and Inclusiv, Amicus Curiae, represented by Daniel S. Sommers

Separation of Powers Scholars, Amicus Curiae, represented by Ilan Wurman

Southeastern Legal Foundation and National Federation of Independent Business Small Business Legal Center, Amicus Curiae, represented by Scott A. Keller

Southeastern Legal Foundation and National Federation of Independent Business Small Business Legal Center, Amicus Curiae, represented by Kimberly Stewart Hermann

State National Bank of Big Spring, The Competitive Enterprise Institute, and The 60 Plus Association in Support of Petitioner, Amicus Curiae, represented by Gregory Frederick Jacob

State of New York et al., Amicus Curiae, represented by Barbara Dale Underwood

STATES OF TEXAS, ARKANSAS, GEORGIA, INDIANA, KANSAS, LOUISIANA, NEBRASKA, OKLAHOMA, SOUTH CAROLINA, TENNESSEE, UTAH, AND WEST VIGINIA, Amicus Curiae, represented by Kyle Douglas Hawkins

The Buckeye Institute, Amicus Curiae, represented by William Spencer Consovoy

The Cato Institute, Amicus Curiae, represented by Ilya Shapiro

The Chamber of Commerce of the United States of America, Amicus Curiae, represented by Andrew John Pincus

Twenty-Seven Members of the U.S. House of Representatives, Amicus Curiae, represented by Michael A. Carvin

United States House of Representatives, Amicus Curiae, represented by Douglas Neal Letter

U.S. Senators Mike Lee, James Lankford, and M. Michael Rounds, Amicus Curiae, represented by Gene Clayton Schaerr

U.S. Senators Sheldon Whitehouse. Richard Blumenthal, and Mazie Hirono, Amicus Curiae, represented by Stephen Daily Susman

Washington Legal Foundation, Amicus Curiae, represented by Corbin Knight Barthold

 
Last updated: June 30, 2020