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Judge's Ruling Keeps Mulvaney in Place at CFPB

13 January 2018

"At 2:30 p.m., Cordray publicly announced the decision, explaining that the appointment was intended "to ensure an orderly succession for this independent agency" by effectively making English the acting Director after he left office".

Leandra English requested an expedited review of her case by the U.S. Court of Appeals for the District of Columbia, just two days after U.S. District Judge Timothy J. Kelly refused to grant a preliminary injunction, Kelly ruled that English was unlikely to succeed in removing Mulvaney, because doing so would upset the status quo, and she was unable to demonstrate irreparable harm to herself or the agency.

English's attorney, Deepak Gupta, had previously indicated [LAT report] English would appeal, saying that "I think everyone understands this court is not the final stop, this judge does not have the final word on what happens in this controversy".

A federal judge has ruled in favor of President Donald Trump and the White House over the control of a national financial watchdog agency, the Consumer Financial Protection Bureau.

The decision follows a denial of English's request for a temporary restraining order in November. English then filed the motion for a preliminary injunction to block Mulvaney's appointment, and Kelly heard arguments on December 22.

An official who hopes to lead the Consumer Financial Protection Bureau on Friday took her fight to a US appeals court, urging it to oust President Donald Trump's pick for the agency.

Cordray announced on November 24 that he would step down effective midnight; he has since announced that he is running for governor of Ohio.

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Mulvaney was appointed acting director under the Federal Vacancies Reform Act, which allows the president to name a now serving Senate-confirmed official as acting director for a set period of time or until a permanent director is confirmed.

The case turns on the interplay between the Constitution, the Federal Vacancies Reform Act of 1998, and the Dodd-Frank Act-Kelly walked his way through each aspect in detail.

Kelly also rejected English's argument that Trump's appointment of a sitting executive branch official as the acting head of the bureau undermined its independence.

Mulvaney has vowed to move the CFPB away from its agenda under Democratic President Barack Obama.

A federal judge appointed by President Trump has delivered the administration a legal victory with a decision supporting the President's choice for head of the Consumer Financial Protection Bureau. "Granting English an injunction would not bring about more clarity; it would only serve to muddy the waters".

This article originally was published at 8:40 p.m.

Judge's Ruling Keeps Mulvaney in Place at CFPB