CFPB Defender Says Constitutional Case 'Remarkably Weak'

Law360 (January 15, 2020, 3:06 PM EST) -- The outside attorney tapped by the U.S. Supreme Court to argue that the Consumer Financial Protection Bureau is constitutionally structured told the justices on Wednesday that the case for invalidating the Dodd-Frank Act’s design for the agency is “remarkably weak.”

In an amicus brief, Paul D. Clement of Kirkland & Ellis LLP said that there are good reasons for the high court not to rule on the constitutional issue at the heart of California law firm Seila Law LLC’s challenge to the CFPB — specifically, whether it violates the separation the separation of powers for the CFPB’s director to enjoy for-cause...

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