PHH CORPORATION v. CONSUMER FINANCIAL PROTECTION BUREAU

No. 15-1177.

881 F.3d 75 (2018)

PHH CORPORATION, et al., Petitioners, v. CONSUMER FINANCIAL PROTECTION BUREAU, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 2018.


Attorney(s) appearing for the Case

Theodore B. Olson , Washington, argued the cause for petitioners. With him on the briefs were Helgi C. Walker , Lucas C. Townsend , Mitchel H. Kider , David M. Souders , Thomas M. Hefferon , and William M. Jay , Washington.

Andrew J. Pincus , Stephen C.N. Lilley , Matthew A. Waring , Kate Comerford Todd , and Steven P. Lehotsky , Washington, were on the brief for amicus curiae The Chamber of Commerce of the United States of America in support of petitioners.

David K. Willingham , Michael D. Roth , Los Angeles, Jeffrey M. Hammer , and Kelly L. Perigoe were on the brief for amici curiae RD Legal Funding, LLC, et al. in support of petitioners.

Joseph R. Palmore and Bryan J. Leitch , Washington, were on the brief for amici curiae American Bankers Association, et al. in support of petitioners and vacatur.

David T. Case , Washington, and Phillip L. Schulman were on the brief for amicus curiae The National Association of Realtors® in support of petitioners and reversal of the June 4, 2015 order of the Director of the Consumer Financial Protection Bureau.

Jay N. Varon and Jennifer M. Keas , Washington, were on the brief for amici curiae American Land Title Association, et al. in support of petitioners.

Joshua D. Hawley , Attorney General, Office of the Attorney General for the State of Missouri, and D. John Sauer , State Solicitor, were on the brief for amici curiae the States of Missouri, et al. in support of petitioners.

Kirk D. Jensen , Joseph M. Kolar , and Alexander S. Leonhardt , Washington, were on the brief for amicus curiae The Consumer Mortgage Coalition in support of petitioner.

Marc J. Gottridge , New York, Allison M. Wuertz , Ilya Shapiro , and Thaya Brook Knight were on the brief for amicus curiae The Cato Institute in support of petitioners.

Brian Melendez , Minneapolis, was on the brief for amicus curiae ACA International in support of petitioners.

C. Boyden Gray , Adam R.F. Gustafson , James R. Conde , Gregory Jacob , Sam Kazman , and Hans Bader , Washington, were on the brief for amici curiae State National Bank of Big Spring, et al. in support of petitioners.

Hashim M. Mooppan , Attorney, U.S. Department of Justice, argued the cause as amicus curiae United States of America. On the brief were Douglas N. Letter , Mark B. Stern , Daniel Tenny , and Tara S. Morrissey , Attorneys. Ian H. Gershengorn , Attorney, Washington, entered an appearance.

Lawrence DeMille-Wagman , Senior Litigation Counsel, Consumer Financial Protection Bureau, argued the cause for respondent. With him on the brief was John R. Coleman , Deputy General Counsel.

George Jepsen , Attorney General, Office of the Attorney General for the State of Connecticut, and John Langmaid , Assistant Attorney General, were on the brief for The States of Connecticut, et al. in support of respondent.

Thomas C. Goldstein , Eric Citron , Tejinder Singh , and Deepak Gupta , Washington, were on the brief for amici curiae Americans For Financial Reform, et al. in support of respondent.

Elizabeth B. Wydra , Washington, Brianne J. Gorod , and Simon Lazarus were on the brief for amici curiae Current and Former Members of Congress in support of respondent.

Scott L. Nelson and Allison M. Zieve , Washington, were on the brief for amici curiae Public Citizen, Inc., et al. in support of respondent.

Julie Nepveu , Washington, was on the brief for amici curiae AARP and AARP Foundation in support of respondent.

Deepak Gupta , Washington, was on the brief for amici curiae Financial Regulation Scholars in support of respondent.

Katharine M. Mapes , Jessica R. Bell , and Jeffrey M. Bayne , Washington, were on the brief for amici curiae Separation of Powers Scholars in support of Consumer Financial Protection Bureau.

Dissenting opinion filed by Senior Circuit Judge Randolph.


We granted en banc review to consider whether the federal statute providing the Director of the Consumer Financial Protection Bureau (CFPB) with a five-year term in office, subject to removal by the President only for "inefficiency, neglect of duty, or malfeasance in office," 12 U.S.C. § 5491(c)(3), is consistent...

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