English v. Trump

Memorandum in Support of Preliminary Injunction (Dec. 6, 2017)

Preliminary Injunction Motion (Dec. 6, 2017)

Amended Complaint (December 6, 2017)

Proposed Schedule (Dec. 1, 2017)

Transcript of Hearing on November 28

Transcript of Hearing on November 27

Memorandum in Support of Motion for a Temporary Restraining Order (Nov. 26, 2017)

Motion for a Temporary Restraining Order (Nov. 26, 2017)

Brief of Current and Former Members of Congress (Nov. 27, 2017)

Complaint for Declaratory and Injunctive Relief (Nov. 26, 2017)

Amicus Briefs:

Brief for the District of Columbia and the States of California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington (Dec. 8, 2017)

Brief for 37 Current and Former Members of Congress, Including Chris Dodd and Barney Frank  (Dec. 8, 2017)

Brief of Public Citizen, Americans for Financial Reform, Center for Responsible Lending, Consumer Action, National Association of Consumer Advocates, National Consumer Law Center, National Consumers League, National Fair Housing Alliance, Tzedek DC, and U.S. Public Interest Research Group (Dec. 8, 2017)

Brief of Consumer Finance Regulation Scholars (Dec. 8, 2017)

Brief of Peter Conti-Brown (Dec. 8, 2017)

Consumer Bureau’s Acting Director Seeks Court Order to Ensure Orderly Succession


November 26, 2017

Washington, DC – The Acting Director of the Consumer Financial Protection Bureau, Leandra English, filed a legal action tonight seeking clarity concerning the Bureau’s leadership succession.

“The talented and hard-working CFPB staff stand up for consumers every day. As Acting Director, I am filing this lawsuit to stand up for the CFPB,” said Acting Director English.

Effective at midnight on November 24, 2017, Richard Cordray resigned his post as the first Director of the Bureau. At that point, Leandra English, the Bureau’s Deputy Director, became the agency’s Acting Director, the suit claims. The Dodd-Frank Act—the law that created the Bureau—mandates that the Deputy Director “shall” serve as the acting Director until the Senate confirms a new Director.

Shortly before 9:00pm tonight, Acting Director English filed suit in the U.S. District Court in Washington, DC. The suit, against President Donald Trump and OMB Director Mick Mulvaney, seeks a temporary restraining order on an emergency basis and a declaration recognizing her as the rightful Acting Director of the Bureau.

“The President’s attempt to install a White House official at the head of an independent agency—while allowing that official to simultaneously serve in the White House—is unprecedented,” said Ms. English’s lawyer, Deepak Gupta of the law firm Gupta Wessler. “The law is clear: Leandra English is Acting Director of the Consumer Financial Protection Bureau until the Senate confirms a new Director.”