Supreme Court of the United States · Official docket →
Integrity Advance, LLC, et al. v. Consumer Financial Protection Bureau
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 21-9521 · judgment September 15, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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When this Court in Lucia v. SEC, 138 S. Ct. 2044 (2018) instructed that an agency must hold a “new hearing” before a new and properly appointed official in order to cure an Appointments Clause violation, whether the Court intended the agency actually hold a new hearing, as the opinion plainly states, or whether a “new hearing” meant only to conduct a cold review of the paper record of the first, tainted hearing, without any additional discovery or new testimony, as the Consumer Financial Protection Bureau Administrative Law Judge did here and as the Tenth Circuit affirmed.
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Whether an agency funding structure circumventing the Appropriations Clause violates the separation of powers, thus invalidating prior agency action taken under the unconstitutional funding structure.
Counsel of record
For petitioner
Stephen Robert McAllister
Dentons US LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jun 12 2023Petition DENIED.
- May 23 2023DISTRIBUTED for Conference of 6/8/2023.
- May 19 2023Reply of petitioners Integrity Advance, LLC and James R. Carnes filed. (Distributed)
- May 03 2023Brief of respondent Consumer Financial Protection Bureau in opposition filed.
- Mar 31 2023Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2023.
- Mar 29 2023Motion to extend the time to file a response from April 3, 2023 to May 3, 2023, submitted to The Clerk.
- Mar 01 2023Petition for a writ of certiorari filed. (Response due April 3, 2023)
- Jan 17 2023Application (22A641) granted by Justice Gorsuch extending the time to file until March 1, 2023.
- Jan 11 2023Application (22A641) to extend the time to file a petition for a writ of certiorari from January 30, 2023 to March 1, 2023, submitted to Justice Gorsuch.