As we reported on earlier today, Consumer Financial Protection Bureau (CFPB) Deputy Director Leandra English filed a lawsuit late Sunday evening in the U.S. District Court for the District of Columbia (District Court) seeking to halt President Trump’s appointment of Mick Mulvaney, who was also named in the lawsuit, as CFPB acting director upon Richard Cordray’s resignation last Friday. The lawsuit requested a declaratory judgment and a temporary restraining order to block Mulvaney from taking over the agency.
Late this afternoon, Judge Timothy Kelly of the District Court denied a temporary restraining order to halt Mulvaney from serving as acting director, while acknowledging that the case raises important constitutional issues. Judge Kelly’s decision was based in large part on his conclusion that there was not a substantial likelihood that the case would succeed on its merits.
This ruling cannot be challenged, but according to press reports, Deepak Gupta, English’s lawyer, told reporters that he would have to consult with his client about the next steps, which could either entail seeking a preliminary injunction or requesting a ruling on a permanent injunction, either of which could be appealed to a higher court.