Indeed, SCOTUSblog reports that he is “widely regarded as one of the best Supreme Court lawyers of his generation.” His biography states that he has argued over 95 cases before the Supreme Court, and since 2000, has argued more cases before the Supreme Court than any lawyer in or out of government.by the Consumer Financial Services Group at Ballard Spahr LLPThe Consumer Financial Services Group is nationally recognized for its guidance in structuring and documenting new consumer financial services products, its experience with the full range of federal and state consumer credit laws throughout the country, and its skill in litigation defense and avoidance, including pioneering work in pre-dispute arbitration programs. Clement points out that Article III of the Constitution prohibits courts from taking abstract inquiries, so … The CFPBâs for-cause removal protections for its director, and the directorâs five-year term, prevent presidents from having their priorities represented at the agency, said Andrew Pincus, a partner with Mayer Brown LLPâs appellate team. Seila Law says Dodd-Frank Act provisions that allow the president to fire the CFPB director only for cause violate the Constitutionâs separation of powers clause. Paul D. Clement Court-appointed amicus curiae in support of the judgment on Q1. That could be an argument that resonates with Roberts, said Gretchen Sperry, the chair of Hinshaw & Culbertson LLPâ appellate practice. Pincus said he expects the justices to ask a number of questions exploring the issue. Republican lawmakers and the financial services industry have long complained that limits on the presidentâs power to fire the CFPBâs directorâcoupled with the agencyâs independent fundingâ make it unaccountable to both the executive branch and Congress.The U.S. Court of Appeals for the Ninth Circuit in May rejected Seila Lawâs argument that the CFPB was unconstitutional, and allowed the bureau to enforce its civil subpoena against the California debt collection law firm. Log in to access all of your Bloomberg Law products Cordray argued several cases before the Supreme Court as Ohioâs attorney general, and served as a clerk to Justices Byron White and Anthony Kennedy, overlapping with Justice Brett Kavanaugh in Kennedyâs chambers. Clement, the former solicitor general tapped by the Supreme Court to defend the CFPBâs constitutionality, is set to argue Tuesday that Clementâs briefing papers question whether a CFPB civil investigative demand at the center of Seila Lawâs challenge is the right kind of case to potentially overturn decades of Supreme Court precedent regarding leadership at independent federal agencies. The House of Representatives, which has filed briefs supporting the bureauâs constitutionality, will have 10 minutes.Clement, Paul Weiss Rifkind Wharton & Garrison LLP partner Kannon Shanmugam, representing Seila Law, and the Trump administration will each have 20 minutes to present their arguments.
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