This is an amicus (or friend of the court) brief filed in U.S. District Court in support of plaintiff Leandra English, appointed acting director of the Consumer Financial Protection Bureau (CFPB) by outgoing director Richard Cordray. It was filed today by Public Citizen, Americans for Financial Reform, U.S. PIRG Education Fund and other leading consumer organizations in support of a motion seeking a preliminary injunction concerning who is the lawful acting director of the Consumer Bureau. Leandra English seeks to block the president’s conflicting appointment of White House Office of Management and Budget director Mick Mulvaney to be acting CFPB director, (while incidentally also continuing to run OMB). The case is Leandra English vs. Donald J. Trump and John M. Mulvaney.
“Today, with the dispute over its acting director, the CFPB is at a turning point. Although Plaintiff’s claim regards who can serve as acting director until the next Senate-confirmed director is seated, the Court, in considering the motion for a preliminary injunction, should also examine how Plaintiff English or Defendant Mulvaney would lead the CFPB. The answer to this question has great significance to the fourth prong of the Court’s analysis of the preliminary injunction motion: where the public interest lies. The public has an overriding interest in the CFPB’s continued pursuit of its statutory role, including both its consumer protection mission and the independence that Congress deemed critical to the agency’s achievement of the objectives that the Dodd-Frank Act gave the CFPB.”