Notice & Comment

ABA AdLaw Section Teleforum, 12/4: Dueling Acting Directors at the CFPB: Statutory and Constitutional Issues

Anne Joseph O’Connell has organized a terrific ABA teleforum on the CFPB dueling directors dispute for December 4, 2017, from 3PM-4PM eastern. It’s free and open to the public, but you must register here.

[12/1 Update: The ABA has recruited two additional panelists — Nina Mendelson and Jonathan Adlaw — so I’ve updated the post below.]

Here are the full details:

Constitutional Law and Separation of Powers Committee
“Dueling Acting Directors at the CFPB: Statutory and Constitutional Issues” Teleconference

December 4, 2017
3:00 – 4:00 PM EST
Is Leandra English or Mick Mulvaney the acting director of the Consumer Financial Protection Bureau? Before Richard Cordray resigned his position as director of the CFPB, he named Ms. English as the deputy director. Under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the deputy director (who is chosen by the director) is to serve as the acting director of the bureau if the director is absent or unavailable. A few hours later, the White House designated Mr. Mulvaney, who is the director of the Office of Management and Budget, as the acting director of the CFPB under the Federal Vacancies Reform Act of 1998.

On Monday, November 27, both Ms. English and Mr. Mulvaney turned up to work at the CFPB, each claiming to be the acting director. The night before, Ms. English filed suit in the United States District Court for the District of Columbia, seeking a temporary restraining order.

Who is the proper acting director? The question raises statutory and constitutional issues that this teleforum will explore. Our two main participants are Brianne Gorod, who filed an amicus brief on behalf of current and former members of Congress in support of Ms. English’s motion, and Sheldon Gilbert, who believes that Mr. Mulvaney is the legal acting director. Anne Joseph O’Connell will moderate the discussion.

Confirmed Speakers

  • Jonathan Adler, Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation Case Western Reserve University School of Law
  • Sheldon Gilbert, Director, Institute for Justice’s Center for Judicial Engagement
  • Brianne Gorod, Chief Counsel, Constitutional Accountability Center
  • Nina A. Mendelson, Joseph L. Sax Collegiate Professor of Law University of Michigan
  • Anne Joseph O’Connell, George Johnson Professor of Law, University of California Berkley, Moderator

No CLE Credit is available for this program.

Open to ABA members and the general public. There is no cost associated with this program, but registration is required.

**Dial-in information will be sent a few days before the program.**

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