| May 16, 2024 |
In a landmark 7-2 ruling, the Supreme Court overruled the Fifth Circuit, upholding the Consumer Financial Protection Bureau’s funding mechanism: “Under the Appropriations Clause, an appropriation is simply a law that authorizes expenditures from a specified source of public money for designated purposes,” Justice Thomas wrote for the majority. “The statute that provides the Bureau’s funding meets these requirements.” Read the opinion. |
| Nov 3, 2023 |
District Court stays CFPB action pending SCOTUS decision in CFSA case |
| Oct 3, 2023 |
Oral arguments audio; Oral arguments transcript; Oral arguments summary – NPR |
| Aug 21, 2023 |
SCOTUS denied request by WVa AG and 26 other state AGs to participate in Oct. 3 oral arguments |
| Jul 11, 2023 |
Brief of 132 Members of Congress as Amici Curiae in Support of Respondents |
| Jul 10, 2023 |
Brief of Amici Curriae The Chamber of Commerce et.a. in Support of Respondents |
| Jul 10, 2023 |
Brief of Amicus Curiae John Michael “Mick” Mulvaney in Support of Respondents |
| Jun 21, 2023 |
Petition for Writ of Certiorari in Law Offices of Crystal Maroney, P.C. v. CFPB |
| May 8, 2023 |
Solicitor General and CFPB filed Brief for the Petitioners. |
| April 28, 2023 |
Defendant in second circuit case (Moroney) filed a motion with the Second Circuit to stay its mandate pending the filing of a petition for a writ of certiorari by Moroney. Next step: the Supreme Court could grant the petition and either consolidate it for argument with CFSA or hold it pending the outcome in CFSA. |
| Mar. 23, 2023 |
Second Circuit ruled that CFPB’s funding mechanism is constitutional in CFPB v. Law Offices of Crystal Moroney, P.C. |
| Mar. 9, 2023 |
House Committee on Financial Services Subcommittee Hearing: “Consumer Financial Protection Bureau: Ripe for Reform”; Staff Memorandum. |
| Feb. 17, 2023 |
Certiorari petition granted. |
| Feb. 01, 2023 |
Reply to Brief in Opposition |
| Feb. 01, 2023 |
Reply of petitioner Consumer Financial Protection Bureau, et al. filed. |
| Jan. 13, 2023 |
Brief of respondents Community Financial Services Association of America, Limited, et al. in opposition filed. |
| Dec. 14, 2022 |
Brief amici curiae of New York, et al. filed. |
| Dec. 14, 2022 |
Brief amici curiae of West Virginia, et al. filed. |
| Dec. 9, 2022 |
District Judge Katherine Polk Failla granted a stay on motion to dismiss a separate CFPB enforcement action pending the Supreme Court’s review of the certiorari petition in CFSA v. CFPB. |
| Nov. 22, 2022 |
Motion to extend the time to file a response granted. |
| Nov. 21, 2022 |
Response to motion to extend the time to file a response filed. |
| Nov. 21, 2022 |
Motion to extend the time to file a response from December 14, 2022 to January 13, 2023. |
| Nov. 14, 2022 |
Petition for a writ of certiorari filed. (Response due December 14, 2022) |
| Oct. 19, 2022 |
5th Circuit ruled in Consumer Financial Services Association of America Ltd. v. CFPB that “Congress’s decision to abdicate its appropriations power under the Constitution, i.e., to cede its power of the purse to the Bureau, violates the Constitution’s structural separation of powers,” and therefore vacated the Bureau’s 2017 Payday Lending Rule. |
