A Collaboration with the University of Pittsburgh
advertisement

Consumer agency official sues Trump administration over director position

[JURIST] Former chief of staff Leandra English filed a suit [complaint] on Sunday in the US District Court for the District of Columbia [official website] against the Trump administration over the currently vacant director position at the Consumer Financial Protection Bureau (CFPB) [official website], to which US President Donald Trump seeks to name budget director Mick Mulvaney as acting director.

Former director Richard Cordray formally resigned on Friday and named English as his temporary replacement [press release].

Trump immediately sought to place Mulvaney as the director until he can confirm a permanent director through the Senate.

The suit hinges on which law applies when filling a temporary leadership vacancy at a new regulatory agency. English argues that the 2010 Dodd-Frank Wall Street reform law [text], which created the agency, states that a deputy director temporarily acts as director when the former director departs until Senate confirms a permanent director. The Trump administration asserts [text, PDF] that the 1998 Federal Vacancies Reform Act [text] grants the president the power to temporarily fill agency positions, except when the agency has multi-member boards. According to the administration, this exception does not apply.

English seeks a temporary restraining order to block Mulvaney's appointment as well as retain her new position.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.