Court Sides with Trump on CFPB Appointment

on 12:26 PM

As reported in Politico,  on Tuesday a U.S. District Court judge handed a big victory to President Donald Trump, ruling in favor of the administration in its bid to install White House Budget Director Mick Mulvaney as acting director of the Consumer Financial Protection Bureau.

Judge Timothy Kelly denied a request by Leandra English, who was named last week as acting director by outgoing CFPB chief Richard Cordray, for a temporary restraining order to block Mulvaney from taking the post.

While this ruling cannot be challenged, English’s lawyer told reporters t

hat next steps could either involve seeking a preliminary injunction or requesting a ruling on a permanent injunction, either of which could be appealed to a higher court. Specific laws generally supersede general laws. But Kelly said that while Dodd-Frank is more specifically related to the CFPB, the vacancies law is more specific in that it explicitly refers to a “vacancy.” Dodd-Frank does not use that word.

The judge also said he could not find any law that would prevent Mulvaney from serving as acting CFPB director and budget director simultaneously.

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