Seila Law LLC v. Consumer Financial Protection Bureau

Docket No.	Argument	Opinion	Vote	Author	Term
19-7	Mar 3, 2020	Jun 29, 2020	5-4	Roberts	OT 2019

Holding: The Consumer Financial Protection Bureau"s leadership by a single director removable only for inefficiency, neglect or malfeasance violates the separation of powers.

Judgment: Vacated and remanded, 5-4, in an opinion by Chief Justice Roberts on June 29, 2020. Chief Justice Roberts delivered the opinion of the court with respect to Parts I, II and III, in which Justices Thomas, Alito, Gorsuch and Kavanaugh joined, and an opinion with respect to Part IV, in which Justices Alito and Kavanaugh joined. Justice Thomas filed an opinion concurring in part and dissenting in part, in which Justice Gorsuch joined. Justice Kagan filed an opinion concurring in the judgment with respect to severability and dissenting in part, in which Justices Ginsburg, Breyer and Sotomayor joined.

SCOTUSblog Coverage

Opinion analysis: Court strikes down restrictions on removal of CFPB director but leaves bureau in place (Amy Howe, June 29, 2020)
Live blog of orders and opinions (Update: Completed) (Kalvis Golde, June 29, 2020)
Abortion and the structure of the CFPB: Marcia Coyle joins Amy Howe to discuss last week's oral arguments (SCOTUStalk, March 12, 2020)
A view from the courtroom: Violent agreement and some disagreement (Mark Walsh, March 3, 2020)
Argument analysis: Justices divided in challenge to CFPB structure (Amy Howe, March 3, 2020)
Argument preview: Justices to consider constitutionality of CFPB structure (Amy Howe, February 25, 2020)
2020 Supreme Court Preview presented by Casetext (part two) (SCOTUStalk, February 21, 2020)
Symposium: Is now really the time to jettison sensible, longstanding limitations on presidential power? (Deepak Gupta, February 13, 2020)
Symposium: Resurrecting the fountainhead of removal doctrine (Ilya Shapiro and Trevor Burrus, February 13, 2020)
Symposium: Let the consumer watchdog do its job (Amy Teng, February 12, 2020)
Symposium: Why a Justice James Madison and a Justice Jerry Jones would vote for Seila Law (Tyler Green, February 12, 2020)
Symposium: Does the president have the right to fire the director of the CFPB without cause? (Alan Morrison, February 11, 2020)
Symposium: When agency independence becomes an answer in search of a question (Adam White, February 11, 2020)
Symposium: Justices to consider constitutionality of CFPB structure (Amy Howe, February 10, 2020)
Abortion, CFPB cases scheduled for February sitting (Amy Howe, November 26, 2019)
Justices tap Clement to defend CFPB structure (Amy Howe, October 24, 2019)
Justices to review constitutionality of CFPB structure (Amy Howe, October 18, 2019)
The return of Relist Watch Select (John Elwood, October 17, 2019)
Petitions of the week (Aurora Barnes, July 26, 2019)

Date	Proceedings and Orders (key to color coding)
06/28/2019	Petition for a writ of certiorari filed. (Response due July 29, 2019)
07/12/2019	Blanket Consent filed by Petitioner, Seila Law LLC.
07/24/2019	Motion to extend the time to file a response from July 29, 2019 to August 28, 2019, submitted to The Clerk.
07/25/2019	Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019.
07/29/2019	Brief amici curiae of Separation of Powers Scholars filed.
07/29/2019	Brief amici curiae of States of Texas, et al. filed. (Aug. 6, 2019)(Corrected version submitted)
07/29/2019	Brief amicus curiae of Cato Institute filed.
07/29/2019	Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
07/29/2019	Brief amici curiae of Southeastern Legal Foundation, et al. filed.
07/29/2019	Brief amicus curiae of Pacific Legal Foundation filed.
07/29/2019	Brief amicus curiae of Landmark Legal Foundation filed.
08/15/2019	Motion to extend the time to file a response from August 28, 2019 to September 18, 2019, submitted to The Clerk.
08/16/2019	Motion to extend the time to file a response is granted and the time is further extended to and including September 18, 2019.
09/17/2019	Brief of respondent Consumer Financial Protection Bureau filed.
09/17/2019	Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
09/18/2019	DISTRIBUTED for Conference of 10/11/2019.
10/04/2019	Motion of United States House of Representatives for leave to file a brief as amicus curiae out of time filed. (Distributed)
10/04/2019	Reply of petitioner Seila Law LLC filed. (Distributed)
10/10/2019	Motion of Alan B. Morrison for leave to file a brief as amicus curiae out of time filed.
10/15/2019	DISTRIBUTED for Conference of 10/18/2019.
10/18/2019	Motion of United States House of Representatives for leave to file a brief as amicus curiae out of time GRANTED.
10/18/2019	Motion of Alan B. Morrison for leave to file a brief as amicus curiae out of time GRANTED.
10/18/2019	Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: 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?.
10/22/2019	Blanket Consent filed by Petitioner, Seila Law LLC.
10/23/2019	Paul D. Clement, Esquire, of Washington, D.C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below on the question presented by the petition.
10/28/2019	Blanket Consent filed by Respondent, Consumer Financial Protection Bureau
10/28/2019	Joint motion for an extension of time to file the briefs on the merits filed.
10/30/2019	Amicus curiae briefs, on both or either question being briefed in this case, shall be filed within 7 days after the party supported files its brief on the question presented by the petition.
10/30/2019	Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and respondent's brief on the merits is extended to and including December 9, 2019. The time to file the brief on the merits of Court-appointed amicus curiae in support of the judgment below on the question presented by the petition is extended to and including January 15, 2020.
11/14/2019	Motion to dispense with printing the joint appendix filed by petitioner Seila Law LLC.
11/26/2019	SET FOR ARGUMENT on Tuesday, March 3, 2020.
12/09/2019	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
12/09/2019	Brief of petitioner Seila Law LLC filed.
12/09/2019	Brief of respondent Consumer Financial Protection Bureau filed.
12/13/2019	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
12/13/2019	Brief amicus curiae of Alan B. Morrison in support of neither party filed.
12/13/2019	Brief amicus curiae of Pacific Legal Foundation filed.
12/16/2019	Brief amici curiae of Southeastern Legal Foundation and National Federation of Independent Business Small Business Legal Center filed.
12/16/2019	Brief amici curiae of Patrick J. Collins, Marcus J. Liotta, and William M. Hitchcock filed.
12/16/2019	Brief amicus curiae of Harpeth Financial Services, LLC filed.
12/16/2019	Brief amici curiae of Nationwide Biweekly Administration, Inc., et al. filed.
12/16/2019	Brief amici curiae of Twenty-Seven Members of the U.S. House of Representatives filed.
12/16/2019	Brief amicus curiae of Washington Legal Foundation filed.
12/16/2019	Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
12/16/2019	Brief amici curiae of State National Bank of Big Spring, The Competitive Enterprise Institute, et al. filed.
12/16/2019	Brief amicus curiae of Center for the Rule of Law filed.
12/16/2019	Brief amici curiae of States of Texas, et al. filed.
12/16/2019	Brief amici curiae of Mortgage Bankers Association, et al. in support of neither party filed.
12/16/2019	Brief amici curiae of RD Legal Funding Partners, LP, et al. filed.
12/16/2019	Brief amicus curiae of New Civil Liberties Alliance filed.
12/16/2019	Brief amici curiae of Separation of Powers Scholars filed.
12/16/2019	Brief amicus curiae of Landmark Legal Foundation filed.
12/16/2019	Brief amicus curiae of Credit Union National Association, Inc. filed.
12/16/2019	Brief amicus curiae of Consumer Bankers Association in support of neither party filed.
12/16/2019	Brief amici curiae of The Cato Institute, et al. filed.
12/16/2019	Brief amici curiae of U.S. Senators Mike Lee, et al. filed.
12/16/2019	Brief amicus curiae of The Buckeye Institute filed.
01/09/2020	Record requested from the U.S.C.A. 9th Circuit.
01/09/2020	The record of the USCA 9th Circuit is available on PACER.
01/15/2020	Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below on the question presented by the petition filed.
01/21/2020	CIRCULATED
01/21/2020	Motion for enlargement of time for oral argument and for divided argument filed by petitioner Seila Law LLC.
01/21/2020	Brief amici curiae of Public Citizen, Inc., et al. filed. (Distributed)
01/21/2020	Motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument filed.
01/22/2020	Brief amici curiae of Current and Former Members of Congress filed. (Distributed)
01/22/2020	Brief amici curiae of Harold H. Bruff, et al. filed. (Distributed)
01/22/2020	Brief amici curiae of Self-Help Credit Union, et al. filed. (Distributed)
01/22/2020	Brief amici curiae of Project on Government Oversight and Morton Rosenberg filed. (Distributed)
01/22/2020	Brief amici curiae of Professors Martin S. Lederman, et al. filed. (Distributed)
01/22/2020	Brief amici curiae of Rachel E. Barkow, et al. filed. (Distributed)
01/22/2020	Brief amicus curiae of Main Street Alliance filed. (Distributed)
01/22/2020	Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed)
01/22/2020	Brief amici curiae of Financial Regulation Scholars filed. (Distributed)
01/22/2020	Brief amici curiae of U.S. Senators Sheldon Whitehouse, Richard Blumenthal, and Mazie Hirono filed. (Distributed)
01/22/2020	Brief amicus curiae of United States House of Representatives filed. (Distributed)
01/22/2020	Brief amicus curiae of Professor John Harrison filed. (Distributed)
01/22/2020	Brief amici curiae of State of New York, et al. filed. (Distributed)
02/14/2020	Motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
02/14/2020	Motion for enlargement of time for oral argument and for divided argument GRANTED, and the time is divided as follows: 20 minutes for the petitioner, 20 minutes for the Solicitor General, 20 minutes for the Court-appointed amicus curiae, and 10 minutes for the United States House of Representatives.
02/14/2020	Reply of respondent Consumer Financial Protection Bureau filed. (Distributed)
02/14/2020	Reply of petitioner Seila Law LLC filed. (Distributed)
03/03/2020	Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent supporting vacatur: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Paul D. Clement, Washington, D. C. For United States House of Representatives as amicus curiae: Douglas N. Letter, General Counsel, Washington, D. C.
06/29/2020	Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court with respect to Parts I, II, and III, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined, and an opinion with respect to Part IV, in which Alito and Kavanaugh, JJ., joined. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Gorsuch, J., joined. Kagan, J., filed an opinion concurring in the judgment with respect to severability and dissenting in part, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.
07/31/2020	JUDGMENT ISSUED.