The Seila Law, LLC v Consumer Financial Protection Bureau matter is going to heat up again quickly as oral arguments have been scheduled for March 3, 2020. The questions ripe for argument in March are (1) whether the vesting of substantial executive authority in the CFPB violates the separation of powers, and (2) if found unconstitutional, can the removal for-cause provision be severed from the Dodd-Frank Act?
There has been a flurry of activity this year in this matter currently pending before the Supreme Court. During the summer months and into the early fall, amicus curiae briefs from several legal foundations, the United States Chamber of Commerce, the United States House of Representatives, and various other legal scholars were filed. The CFPB also opined on its own structure and agreed that it is unconstitutional in mid-September.