PHH CORPORATION, et al., Petitioners
v.
CONSUMER FINANCIAL PROTECTION BUREAU, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 12, 2016.
Decided October 11, 2016.
Attorney(s) appearing for the Case
Theodore B. Olson argued the cause for petitioners. With him on the briefs were Helgi C. Walker, Mitchel H. Kider, David M. Souders, Thomas M. Hefferon, and William M. Jay.
C. Boyden Gray, Adam J. White, Gregory Jacob, Sam Kazman, and Hans Bader were on the brief for amici curiae State National Bank of Big Spring, et al. in support of petitioners.
Kirk D. Jensen and Alexandar S. Leonhardt were on the brief for amicus curiae Consumer Mortgage Coalition in support of petitioners.
Joseph R. Palmore and Bryan J. Leitch were on the brief for amici curiae American Financial Services Association, et al. in support of petitioners.
Andrew J. Pincus, Matthew A. Waring, Kathryn Comerford Todd, and Steven P. Lehotsky were on the brief for amicus curiae The Chamber of Commerce of the United States in support of petitioners.
Jay N. Varon and Jennifer M. Keas were on the brief for amici curiae American Land Title Association, et al. in support of petitioners.
Phillip L. Schulman and David T. Case were on the brief for amicus curiae National Association of Realtors in support of petitioners.
Lawrence DeMille-Wagman, Senior Litigation Counsel, Consumer Financial Protection Bureau, argued the cause for respondent. With him on the brief were Meredith Fuchs, General Counsel, and John R. Coleman.
Julie Nepveu was on the brief for amicus curiae AARP in support of respondent.
Opinion concurring in part and dissenting in part filed by Circuit Judge HENDERSON.
KAVANAUGH, Circuit Judge:
INTRODUCTION AND SUMMARY
This is a case about executive power and individual liberty. The U.S. Government's executive power to enforce federal law against private citizens — for example, to bring criminal prosecutions and civil enforcement actions — is essential to societal order and progress, but...
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