The case, PHH Corp. v. CFPB, was heard by a D.C. Circuit panel on April 12. The original focus of the case was on due process and administrative law issues. But shortly before the hearing, the panel ordered the parties to be prepared to also address the constitutional issues raised by the CFPB’s structure. CEI had filed an amicus on these issues---namely, whether the CFPB’s very structure is valid, given its unprecedented lack of oversight by the President, by Congress, and by the courts.
If the panel rules on those issues in deciding PHH, it may well determine the outcome of our case as well. If not, those questions will be squarely before Judge Huvelle.