A challenge to the constitutionality of the CFPB is now pending before the full U.S. Court of Appeals for the D.C. Circuit. The court is sitting en banc following the decision of a three-judge panel holding that it was unconstitutional for Congress, by statute, to restrict the grounds on which the President could remove the Director of the CFPB. The CFPB, which has independent litigating authority in the lower courts, is seeking to uphold the constitutionality of the current for-cause removal restriction. The Department of Justice (DOJ) has now filed an amicus brief agreeing with the panel’s decision that the restriction is unconstitutional.

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