Gordon v. Consumer Financial Protection Bureau

Case Updates

The U.S. Chamber urged the U.S. Supreme Court to review a Ninth Circuit decision that erroneously allowed a CFPB enforcement action to proceed despite the fact that—due to CFPB Director Cordray’s unconstitutional recess appointment—no one at the agency possessed a valid grant of Executive power at the time of the suit.

The Chamber’s amicus brief argues that federal criminal prosecutions and civil suits to vindicate the public interest in the enforcement of the law may be brought by “Officers of the United States” to whom the Executive power has been validly delegated and no one else. In holding that the absence of a valid delegation of Executive power was immaterial to its standing analysis, the Ninth Circuit disregarded the limits of both Article II and Article III.

Gregory G. Garre and Benjamin W. Snyder of Latham & Watkins LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.