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No. 19-7October Term 2019Decided Jul 8, 2020

Docket 19-7October Term 2019 (2019–2020)

Seila Law LLC v. Consumer Financial Protection Bureau

This case asks whether the CFPB is structured in a way that gives too much power to a single insulated director, and what should happen if that setup is unconstitutional.

Case status

Current stage
Decided
Latest event
Decision released Jul 8, 2020
Case Accepted
Arguments
Decision ReleasedJul 8, 2020
What it's about

This case arose when the Consumer Financial Protection Bureau tried to enforce an investigative demand against Seila Law, and Seila Law argued that the CFPB was structured unconstitutionally. The Court considered whether the CFPB’s single-director leadership, insulated from presidential removal except for cause, violated the separation of powers and, if so, whether that removal restriction could be cut out while leaving the rest of the agency intact.

Question 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. 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?

Case path

United States Court of Appeals for the Ninth Circuit / Decision released Jul 8, 2020

Area

Administrative Law

Briefing

What it's about

The CFPB tried to enforce an investigative demand against Seila Law, and Seila Law responded that the agency's structure is unconstitutional. The dispute centers on whether Congress can give major executive power to a single CFPB director who cannot be removed by the president except for cause.

Vote

The Court has not heard the case yet. Seila Law says the CFPB's single-director setup violates separation of powers, and the Court is also set to consider whether the removal restriction could be cut out while leaving the rest of the agency in place.

Impact

The case could affect how the CFPB polices consumer finance, including mortgages, credit cards, and debt collection. Banks, lenders, law firms, and consumers could all feel the effects if the agency's leadership structure changes.

What's next

No decision window is available yet because oral argument has not been scheduled. Watch for the Court to set argument or take another scheduling step.

What is the main fight in Seila Law LLC v. Consumer Financial Protection Bureau?

The main fight is over the CFPB's design. Seila Law says one protected director cannot wield that much executive power.

Who could be affected if the CFPB's structure changes?

Consumer lenders, debt collectors, and law firms facing CFPB investigations could be affected. Consumers could also see changes in how federal financial rules are enforced.

What happens next in this case before the Supreme Court?

The next major step is a scheduling move, especially oral argument. Until then, there is no decision timeline to watch.

Decision

Decision record

What the Court decided

This case asks whether the CFPB is structured in a way that gives too much power to a single insulated director, and what should happen if that setup is unconstitutional.

Impact

The case could affect how the CFPB polices consumer finance, including mortgages, credit cards, and debt collection. Banks, lenders, law firms, and consumers could all feel the effects if the agency's leadership structure changes.

Not official Court text.

Opinion documents

Timing

Decided July 8, 2020

The Court released its decision on July 8, 2020 without hearing oral argument.