Supreme Court Report

Supreme Court of the United States · Official docket →

State National Bank of Big Spring, et al. v. Steven T. Mnuchin, Secretary of the Treasury, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-5062 · judgment June 8, 2018

Certiorari denied · January 14, 2019
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a dissent in the court below (flagged in the petition), and a business petitioner.

Questions presented

The questions presented are:

  1. Whether Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act violates the Constitution’s separation of powers by creating the Bureau of Consumer Financial Protection (“CFPB”) as an independent agency that exercises expansive executive authority over private citizens but is led by a single Director that the President cannot remove from office for policy reasons, is exempted from Congress’s power of the purse and accompanying congressional oversight, and has no internal checks or balances (such as those afforded by a deliberative multi-member commission structure) to mitigate this lack of accountability and restraint.

  2. Whether Humphrey’s Ex’r v. United States, 295 U.S. 602 (1935), should be overturned.

  3. Whether the Appropriations Clause, in conjunction with the Constitution’s separation of powers, permits Congress to create perpetual, ondemand funding streams for executive agencies that are unreviewably drawn from the coffers of other independent agencies.

Counsel of record

For petitioner
Gregory Frederick Jacob
O'Melveny & Myers LLP

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
4 cert-stage

Proceedings

  1. Jan 14 2019
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Dec 26 2018
    DISTRIBUTED for Conference of 1/11/2019.
  3. Dec 21 2018
    Reply of petitioners State National Bank of Big Spring, et al. filed.
  4. Dec 10 2018
    Brief of respondent United States in opposition filed.
  5. Nov 09 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including December 10, 2018.
  6. Nov 08 2018
    Motion to extend the time to file a response from November 9, 2018 to December 10, 2018, submitted to The Clerk.
  7. Oct 11 2018
    Motion to extend the time to file a response is granted in part and the time is extended to and including November 9, 2018.
  8. Oct 10 2018
    Motion to extend the time to file a response from October 10, 2018 to November 11, 2018, submitted to The Clerk.
  9. Oct 10 2018
    Brief amicus curiae of Pacific Legal Foundation filed.
  10. Oct 10 2018
    Brief amicus curiae of Landmark Legal Foundation filed.
  11. Oct 09 2018
    Brief amicus curiae of The Buckeye Institute for Public Policy Solutions filed.
  12. Oct 09 2018
    Brief amici curiae of Southeastern Legal Foundation, et al. filed.
  13. Sep 06 2018
    Petition for a writ of certiorari filed. (Response due October 10, 2018)