Supreme Court of the United States · Official docket →

All American Check Cashing, Inc., et al. v. Consumer Financial Protection Bureau

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-90015

Certiorari denied · December 9, 2019

Pre-decision estimate: 22% cert probability (95% interval 13%–36%)

Before the decision, about 5.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Fifth Circuit decision below, and down for a business respondent.

Questions presented

The questions presented are:

Whether the structure of the Consumer Financial Protection Bureau violates the separation of powers.
Whether a successful separation-of-powers challenger who is subject to an enforcement action by an unconstitutionally structured agency is entitled to meaningful relief, such as dismissal of the action, due to the agency’s constitutional defect.

Counsel of record

For petitioner
Theodore B. Olson
Gibson, Dunn & Crutcher LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

Dec 09 2019
Petition DENIED.
Nov 13 2019
DISTRIBUTED for Conference of 12/6/2019.
Nov 12 2019
Reply of petitioners All American Check Cashing, Inc., et al. filed.
Nov 06 2019
Brief of respondent Consumer Financial Protection Bureau in opposition filed.
Nov 01 2019
Brief amici curiae of The States Of Texas, et al. filed.
Oct 29 2019
Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2019.
Oct 28 2019
Motion to extend the time to file a response from November 1, 2019 to December 2, 2019, submitted to The Clerk.
Oct 08 2019
Blanket Consent filed by Petitioners, All American Check Cashing, Inc., et al.
Sep 30 2019
Petition for a writ of certiorari before judgment filed. (Response due November 1, 2019)