PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir. 2018)Annotate this Case
The DC Circuit granted en banc review to consider whether the federal statute providing the Director of the CFPB with a five-year term in office, subject to removal by the President only for "inefficiency, neglect of duty, or malfeasance in office," 12 U.S.C. 5491(c)(3), was consistent with Article II of the Constitution. The court held that the parallel provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act shielding the Director of the CFPB from removal without cause was consistent with Article II. The court noted that Congress made constitutionally permissible institutional design choices for the CFPB with which courts should hesitate to interfere. The court remanded to the agency for further proceedings.
This opinion or order relates to an opinion or order originally issued on October 11, 2016.