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English v. Trump

After Consumer Financial Protection Bureau (CFPB) Director Richard Cordray stepped down in November, a dispute arose over who would be the acting director, until the Senate confirms a new director: CFPB Deputy Director Leandra English, whose claim is based on the language of the CFPB’s authorizing statute, or Office of Management and Budget Director Mick Mulvaney, who President Trump named acting director. English filed suit and moved for a preliminary injunction allowing her to serve as acting director of the CFPB while the litigation proceeds. Public Citizen filed an amicus brief in the district court on behalf of itself and nine other consumer advocacy groups in support of English’s motion for a preliminary injunction. The amicus brief explained that the public has a strong interest in English serving as the acting director while the court further considers the legal issues, because under English’s leadership, the CFPB will continue pursuing its statutory mission to protect consumers as an independent agency.

After the district court denied Ms. English’s request for a preliminary injunction, Ms. English appealed. Public Citizen and the nine other consumer advocacy groups filed an amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit in support of Ms. English and her appeal. That amicus brief also explained the importance of the CFPB’s independence and mission, and the public interest in English serving as acting director to preserve this independence and mission while the litigation continues.

After the case was argued in the D.C. Circuit, but before the Court issued an opinion, English announced her resignation from the CFPB. She made a motion to dismiss her appeal, which the court granted, and stipulated, with defendants, to the dismissal of her case in the district court.

Joining Public Citizen as amici on the two briefs were Americans for Financial Reform, Center for Responsible Lending, Consumer Action, National Association of Consumer Advocates, National Consumer Law Center, National Consumers League, National Fair Housing Alliance, Tzedek DC, Inc., and U.S. Public Interest Research Group Education Fund.