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Seila Law LLC v. Consumer Financial Protection Bureau

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-56324 · judgment May 6, 2019

Decided · June 29, 2020
Pre-decision estimate: 27% cert probability (95% interval 19%–36%)

Before the decision, about 6.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a Ninth Circuit decision below, and down for a business respondent.

Questions presented

  1. Whether the vesting of substantial executive authority in the Consumer Financial Protection Bureau, an independent agency led by a single director, violates the separation of powers.

  2. Added by the Court: If the Consumer financial protection bureau is found unconstitutional On the basis of the separation of powers, can 12 u.s.c. §5491(c)(3) be Severed from the dodd-frank Act? Paul d. clement, esquire, of washington, d. c., is invited to brief and Argue this case, as amicus curiae, in support of the judgment Below on the question presented by the petition.

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Amicus briefs
7 cert-stage · 38 merits
(3 supporting pet./neither, 35 respondent)

Argument & decision

Argued March 3, 2020 — Kannon K. Shanmugam · Noel J. Francisco · Paul D. Clement · Douglas.... Audio and transcript

Decided June 29, 2020. Opinion by Roberts, C.J..

Proceedings

  1. Jul 31 2020
    JUDGMENT ISSUED.
  2. Jun 29 2020
    Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court with respect to Parts I, II, and III, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined, and an opinion with respect to Part IV, in which Alito and Kavanaugh, JJ., joined. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Gorsuch, J., joined. Kagan, J., filed an opinion concurring in the judgment with respect to severability and dissenting in part, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.
  3. Mar 03 2020
    Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent supporting vacatur: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Paul D. Clement, Washington, D. C. For United States House of Representatives as amicus curiae: Douglas N. Letter, General Counsel, Washington, D. C.
  4. Feb 14 2020
    Motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  5. Feb 14 2020
    Motion for enlargement of time for oral argument and for divided argument GRANTED, and the time is divided as follows: 20 minutes for the petitioner, 20 minutes for the Solicitor General, 20 minutes for the Court-appointed amicus curiae, and 10 minutes for the United States House of Representatives.
  6. Feb 14 2020
    Reply of respondent Consumer Financial Protection Bureau filed. (Distributed)
  7. Feb 14 2020
    Reply of petitioner Seila Law LLC filed. (Distributed)
  8. Jan 22 2020
    Brief amici curiae of Current and Former Members of Congress filed. (Distributed)
  9. Jan 22 2020
    Brief amici curiae of Harold H. Bruff, et al. filed. (Distributed)
  10. Jan 22 2020
    Brief amici curiae of Self-Help Credit Union, et al. filed. (Distributed)
  11. Jan 22 2020
    Brief amici curiae of Project on Government Oversight and Morton Rosenberg filed. (Distributed)
  12. Jan 22 2020
    Brief amici curiae of Professors Martin S. Lederman, et al. filed. (Distributed)
  13. Jan 22 2020
    Brief amici curiae of Rachel E. Barkow, et al. filed. (Distributed)
  14. Jan 22 2020
    Brief amicus curiae of Main Street Alliance filed. (Distributed)
  15. Jan 22 2020
    Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed)
  16. Jan 22 2020
    Brief amici curiae of Financial Regulation Scholars filed. (Distributed)
  17. Jan 22 2020
    Brief amici curiae of U.S. Senators Sheldon Whitehouse, Richard Blumenthal, and Mazie Hirono filed. (Distributed)
  18. Jan 22 2020
    Brief amicus curiae of United States House of Representatives filed. (Distributed)
  19. Jan 22 2020
    Brief amicus curiae of Professor John Harrison filed. (Distributed)
  20. Jan 22 2020
    Brief amici curiae of State of New York, et al. filed. (Distributed)
  21. Jan 21 2020
    CIRCULATED
  22. Jan 21 2020
    Motion for enlargement of time for oral argument and for divided argument filed by petitioner Seila Law LLC.
  23. Jan 21 2020
    Brief amici curiae of Public Citizen, Inc., et al. filed. (Distributed)
  24. Jan 21 2020
    Motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument filed.
  25. Jan 15 2020
    Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below on the question presented by the petition filed.
  26. Jan 09 2020
    Record requested from the U.S.C.A. 9th Circuit.
  27. Jan 09 2020
    The record of the USCA 9th Circuit is available on PACER.
  28. Dec 16 2019
    Brief amici curiae of Southeastern Legal Foundation and National Federation of Independent Business Small Business Legal Center filed.
  29. Dec 16 2019
    Brief amici curiae of Patrick J. Collins, Marcus J. Liotta, and William M. Hitchcock filed.
  30. Dec 16 2019
    Brief amicus curiae of Harpeth Financial Services, LLC filed.
  31. Dec 16 2019
    Brief amici curiae of Nationwide Biweekly Administration, Inc., et al. filed.
  32. Dec 16 2019
    Brief amici curiae of Twenty-Seven Members of the U.S. House of Representatives filed.
  33. Dec 16 2019
    Brief amicus curiae of Washington Legal Foundation filed.
  34. Dec 16 2019
    Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
  35. Dec 16 2019
    Brief amici curiae of State National Bank of Big Spring, The Competitive Enterprise Institute, et al. filed.
  36. Dec 16 2019
    Brief amicus curiae of Center for the Rule of Law filed.
  37. Dec 16 2019
    Brief amici curiae of States of Texas, et al. filed.
  38. Dec 16 2019
    Brief amici curiae of Mortgage Bankers Association, et al. in support of neither party filed.
  39. Dec 16 2019
    Brief amici curiae of RD Legal Funding Partners, LP, et al. filed.
  40. Dec 16 2019
    Brief amicus curiae of New Civil Liberties Alliance filed.
  41. Dec 16 2019
    Brief amici curiae of Separation of Powers Scholars filed.
  42. Dec 16 2019
    Brief amicus curiae of Landmark Legal Foundation filed.
  43. Dec 16 2019
    Brief amicus curiae of Credit Union National Association, Inc. filed.
  44. Dec 16 2019
    Brief amicus curiae of Consumer Bankers Association in support of neither party filed.
  45. Dec 16 2019
    Brief amici curiae of The Cato Institute, et al. filed.
  46. Dec 16 2019
    Brief amici curiae of U.S. Senators Mike Lee, et al. filed.
  47. Dec 16 2019
    Brief amicus curiae of The Buckeye Institute filed.
  48. Dec 13 2019
    Brief amicus curiae of Center for Constitutional Jurisprudence filed.
  49. Dec 13 2019
    Brief amicus curiae of Alan B. Morrison in support of neither party filed.
  50. Dec 13 2019
    Brief amicus curiae of Pacific Legal Foundation filed.
  51. Dec 09 2019
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  52. Dec 09 2019
    Brief of petitioner Seila Law LLC filed.
  53. Dec 09 2019
    Brief of respondent Consumer Financial Protection Bureau filed.
  54. Nov 26 2019
    SET FOR ARGUMENT on Tuesday, March 3, 2020.
  55. Nov 14 2019
    Motion to dispense with printing the joint appendix filed by petitioner Seila Law LLC.
  56. Oct 30 2019
    Amicus curiae briefs, on both or either question being briefed in this case, shall be filed within 7 days after the party supported files its brief on the question presented by the petition.
  57. Oct 30 2019
    Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and respondent's brief on the merits is extended to and including December 9, 2019. The time to file the brief on the merits of Court-appointed amicus curiae in support of the judgment below on the question presented by the petition is extended to and including January 15, 2020.
  58. Oct 28 2019
    Blanket Consent filed by Respondent, Consumer Financial Protection Bureau
  59. Oct 28 2019
    Joint motion for an extension of time to file the briefs on the merits filed.
  60. Oct 23 2019
    Paul D. Clement, Esquire, of Washington, D.C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below on the question presented by the petition.
  61. Oct 22 2019
    Blanket Consent filed by Petitioner, Seila Law LLC.
  62. Oct 18 2019
    Motion of United States House of Representatives for leave to file a brief as amicus curiae out of time GRANTED.
  63. Oct 18 2019
    Motion of Alan B. Morrison for leave to file a brief as amicus curiae out of time GRANTED.
  64. Oct 18 2019
    Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: If the Consumer Financial Protection Bureau is found unconstitutional on the basis of the separation of powers, can 12 U.S.C. §5491(c)(3) be severed from the Dodd-Frank Act?.
  65. Oct 15 2019
    DISTRIBUTED for Conference of 10/18/2019.
  66. Oct 10 2019
    Motion of Alan B. Morrison for leave to file a brief as amicus curiae out of time filed.
  67. Oct 04 2019
    Motion of United States House of Representatives for leave to file a brief as amicus curiae out of time filed. (Distributed)
  68. Oct 04 2019
    Reply of petitioner Seila Law LLC filed. (Distributed)
  69. Sep 18 2019
    DISTRIBUTED for Conference of 10/11/2019.
  70. Sep 17 2019
    Brief of respondent Consumer Financial Protection Bureau filed.
  71. Sep 17 2019
    Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
  72. Aug 16 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including September 18, 2019.
  73. Aug 15 2019
    Motion to extend the time to file a response from August 28, 2019 to September 18, 2019, submitted to The Clerk.
  74. Jul 29 2019
    Brief amici curiae of Separation of Powers Scholars filed.
  75. Jul 29 2019
    Brief amici curiae of States of Texas, et al. filed. (Aug. 6, 2019)(Corrected version submitted)
  76. Jul 29 2019
    Brief amicus curiae of Cato Institute filed.
  77. Jul 29 2019
    Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
  78. Jul 29 2019
    Brief amici curiae of Southeastern Legal Foundation, et al. filed.
  79. Jul 29 2019
    Brief amicus curiae of Pacific Legal Foundation filed.
  80. Jul 29 2019
    Brief amicus curiae of Landmark Legal Foundation filed.
  81. Jul 25 2019
    Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019.
  82. Jul 24 2019
    Motion to extend the time to file a response from July 29, 2019 to August 28, 2019, submitted to The Clerk.
  83. Jul 12 2019
    Blanket Consent filed by Petitioner, Seila Law LLC.
  84. Jun 28 2019
    Petition for a writ of certiorari filed. (Response due July 29, 2019)