Lawyers, We Need Your Assistance Here

We now have a basic matter of statutory interpretation determining who is in fact acting director of the CFPB. My sense was that Leandra English had the stronger legal argument here, even if the President has greater powers to get his way in a case like this and likely enjoys more deference from the courts. But the fact the CFPB’s own top lawyer is siding with the President suggests that at a minimum it’s not clear cut in English’s favor. Again, this is a relatively straightforward conflict between two statutes. There are established frameworks judges use to decide which is the controlling law. So, for lawyer readers with experience in this kind of legal analysis, what’s your take? What are the questions we should be asking to help us understand how a judge might rule? Drop me a line at our comments email address linked under the TPM logo at the upper right.

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