Dueling Acting Directors at the CFPB: Statutory and Constitutional Issues
3 PM GMT
Is Leandra English or Mick Mulvaney the acting director of the Consumer Financial Protection Bureau? Before Richard Cordray resigned his position as director of the CFPB, he named Ms. English as the deputy director. Under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the deputy director (who is chosen by the director) is to serve as the acting director of the bureau if the director is absent or unavailable. A few hours later, the White House designated Mr. Mulvaney, who is the director of the Office of Management and Budget, as the acting director of the CFPB under the Federal Vacancies Reform Act of 1998.
On Monday, November 27, both Ms. English and Mr. Mulvaney turned up to work at the CFPB, each claiming to be the acting director. The night before, Ms. English had filed suit in the United States District Court for the District of Columbia, seeking a temporary restraining order. The judge denied the request. But the dispute will continue in the courts.
Who is the proper acting director? The question raises statutory and constitutional issues that this teleforum will explore.
Our four main participants are:
Brianne Gorod, who wrote an amicus brief on behalf of current and former members of Congress in support of Ms. English's motion, Nina Mendelson, who penned a post for the Notice & Comment blog in support of Ms. English that focused, in part, on the wider appointments process, Jonathan Adler, who wrote a post for the Volokh Conspiracy blog in support of Mr. Mulvaney that, in part, discussed constitutional concerns, and Sheldon Gilbert, who believes that Mr. Mulvaney is the legal acting director and has been an active commentator on the dispute. Anne Joseph O'Connell will moderate the discussion.
• Jonathan Adler, Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation, Case Western Reserve University School of Law
• Sheldon Gilbert, Director, Institute for Justice's Center for Judicial Engagement
• Brianne Gorod, Chief Counsel, Constitutional Accountability Center
• Nina A. Mendelson, Joseph L. Sax Collegiate Professor of Law, University of Michigan
• Anne Joseph O'Connell, George Johnson Professor of Law, University of California Berkley (Moderator)
Open to ABA members and the general public. NO CLE Credit is available for this program. There is no cost associated with this program, but registration is required.
Questions or Special Needs??
Please e-mail Rebecca.Mobley@americanbar.org or call at 202-662-1528.
Dial-in info will be sent via email a day or two before the program.