Notice & Comment

Results for: phh

Notice & Comment

How Two Concurring Opinions in PHH Corp. v. CFPB Could Help the Chief Justice Avoid a Major, Politically Fraught Ruling in Seila Law v. CFPB, by William R. Weaver

The fate of the CFPB, and potentially of agency independence writ large, hinges on the Supreme Court’s decision in Seila Law v. CFPB, which was argued before the Supreme Court last week. Most of the commentary has focused on how the Court might distinguish the CFPB from other independent agencies like the SEC and FTC, […]

Notice & Comment

Fair Notice and the CFPB:  The Other Constitutional Ruling in PHH v. CFPB, by Joseph Palmore & Bryan Leitch

This month’s en banc D.C. Circuit decision in PHH Corp. v. CFPB has understandably received widespread attention for upholding the constitutionality of the CFPB’s structure in the face of a separation-of-powers challenge.  But somewhat hidden within the hundreds of pages of separate opinions in PHH was another constitutional ruling—one on which the CFPB lost and […]

Notice & Comment

D.C. Circuit Review – Reviewed: The I-Don’t-Have-Time-To-Read-It-All Version of PHH Corp. v. CFPB

At long last, the en banc D.C. Circuit has decided PHH Corp. v. CFBP. This case — which, of course, we have discussed many times here at Notice & Comment — concerns the constitutionality of the restrictions on the President’s ability to remove the CFPB director (namely, only for “for inefficiency, neglect of duty, or […]

Notice & Comment

SEALS Panel Recap on The Future of Independent Agencies after PHH Corp v. CFPB

Each summer the Southeastern Association of Law Schools (SEALS) hosts an amazing conference of law professors (some day I will go!), full of great panels and discussion on hot topics and cutting-edge research in law and policy. This year’s conference was no exception. But this year SEALS added a terrific innovation of providing recaps on many […]

Notice & Comment

The President’s Removal Power and the PHH Litigation

Last Friday, the Consumer Financial Protection Bureau filed a petition for en banc review in PHH Corp. v. CFPB. The petition challenges Judge Kavanaugh’s opinion for two judges of a panel of the D.C. Circuit, which declared unconstitutional the statute limiting the President’s authority to remove the CFPB’s Director, Richard Cordray. In doing so, the […]


Fair Pay and Safe Workplaces: Reassessing the Costs and Benefits in Government Contracting

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When purchasing infrastructure, goods or services, the U.S. government has “to promote economy, efficiency and effectiveness.” Executive Order No. 13,673, issued by President Obama, expanded the requirement to encompass social sustainability: to promote economy and efficiency in procurement, the government was required to “contract with responsible sources who comply with labor laws.” The Fair Pay […]

Notice & Comment

Can the Supreme Court Adjudicate the CFPB’s Independence Without Determining How Independent the CFPB Actually Is?

In Seila Law v. CFPB, the Supreme Court will consider whether the CFPB Director’s for-cause removal protection—removal only for “inefficiency, neglect of duty, or malfeasance in office”—unconstitutionally detracts from the President’s executive power. But to decide that issue, doesn’t the Court need to first decide what “inefficiency,” “neglect of duty,” or “malfeasance in office” actually […]

Notice & Comment

D.C. Circuit Review – Reviewed: Our (Relatively) Uncontroversial Appointments Clause

Separation-of-powers cases tend to be controversial. For instance, when the D.C. Circuit last addressed removal and initially concluded that Congress could not grant the Consumer Financial Protection Bureau’s Director “for cause” protection, the United States argued that the panel had “set[] up what may be the most important separation-of-powers case in a generation.” What followed […]

Notice & Comment

Dissenting Commissioners, by Todd Phillips

Administrative law is generally conditioned on agency action. Notice and comment rulemaking mandates “the agency shall give interested persons an opportunity to participate in the rule making.” 5 U.S.C. § 553(c). Chevron deference contemplates judicial consideration of “an agency’s construction of the statute which it administers,” and Auer deference requires judges to consider “the agency’s […]