Supreme Court of the United States · Official docket →
Lisa M. Phoenix v. Regions Bank
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-11736 · judgment August 28, 2019
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below, and down for a business respondent.
Question presented
The Equal Credit Opportunity Act (ECOA) makes it unlawful for “any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction,” on the basis of sex, marital status, and other designated characteristics. 15 U.S.C. § 1691(a)(1). For more than three decades, regulations promulgated first by the Board of Governors of the Federal Reserve System, and then by the Consumer Financial Protection Bureau, pursuant to express delegations of broad rulemaking authority, have provided that, for certain purposes, the “applicants” protected from discrimination by ECOA include guarantors. See 12 C.F.R. §§ 202.2(e), 1002.2(e). The question presented, which recently divided this Court, 4-4, in Hawkins v. Community Bank of Raymore, 136 S. Ct. 1072 (2016), is: Whether the regulations issued by the Board and the CFPB permissibly construe the “applicants” protected from discrimination by ECOA to encompass guarantors. (I)
Counsel of record
For petitioner
Mark Thomas Stancil
Willkie Farr & Gallagher LLP
For respondent
John Albert Anthony
Anthony and Partners, LLC
Proceedings
- May 18 2020Petition DENIED.
- Apr 22 2020DISTRIBUTED for Conference of 5/15/2020.
- Apr 22 2020Reply of petitioner Lisa M. Phoenix filed. (Distributed)
- Apr 07 2020Motion to delay distribution of the petition for a writ certiorari until April 22, 2020, granted.
- Apr 06 2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 15, 2020 to April 22, 2020, submitted to The Clerk.
- Mar 27 2020Brief of respondent Regions Bank in opposition filed.
- Feb 24 2020Motion to extend the time to file a response is granted and the time is further extended to and including March 30, 2020.
- Feb 19 2020Motion to extend the time to file a response from February 26, 2020 to March 30, 2020, submitted to The Clerk.
- Jan 17 2020Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2020.
- Jan 15 2020Motion to extend the time to file a response from January 27, 2020 to February 26, 2020, submitted to The Clerk.
- Dec 24 2019Petition for a writ of certiorari filed. (Response due January 27, 2020)
- Nov 20 2019Application (19A559) granted by Justice Thomas extending the time to file until December 26, 2019.
- Nov 14 2019Application (19A559) to extend the time to file a petition for a writ of certiorari from November 26, 2019 to December 26, 2019, submitted to Justice Thomas.