Vaishali Rao in American Banker and Law360: What is the CFPB's Future, With SCOTUS Now Set to Consider a Constitutional Challenge to the Agency's Structure?
In The News | 2 min read
Oct 23, 2019
Hinshaw partner Vaishali Rao discussed with Kate Berry of American Banker and Jon Hill of Law360 the significance of the U.S. Supreme Court agreeing to hear a challenge to the constitutionality of statutory restrictions on the president's ability to remove the director of the Consumer Financial Protection Bureau (CFPB) from office. Under the Dodd-Frank Act, which created the agency, the President can only fire the director 'for cause.' Petitioner Seila Law, a debt collection law firm, argues that this provision represents an unconstitutional violation of the separation of powers doctrine.
While some legal commentators have suggested that the 'for cause' language can be severed from the rest of Dodd-Frank, Rao cautioned this would not be an easy decision: "some of the justices will question what actual duty of the president is being impeded such that he can't perform the functions of the office while the for-cause provision is in there." She added that SCOTUS will need to decide what it means as a practical matter to permit heads of federal agencies to be fired at will.
"Even though it seems simple to just fire someone, what you do is essentially create a system that invests a lot of power in the president," she said. "If you say for cause is severed and the president can fire someone because they don't like their politics, you are investing all the policies at all these agencies with the president. I don't think that's what Congress envisioned."
Rao also said that regardless of how SCOTUS rules, it was unlikely to result in significant policy shifts at the CFPB. She noted how the dramatic shift in rulemaking and enforcement activity that followed Mick Mulvaney’s appointment as acting CFPB director in 2017 illustrates why her clients are used to thinking of the CFPB in particular ways through changes in administration.
Read the full American Banker article (PDF)
Read the full Law360 article (subscription required)
"What Supreme Court case means for CFPB's future" was published by American Banker, October 21, 2019
“CFPB Doomed At High Court? Don't Bet On It, Attys Say” was published by Law360, October 23, 2019
Related People
Related Capabilities
Related Locations
Featured Insights

In The News
Sep 15, 2026
Lucy Wang Discusses the California Insurance Commissioner’s Role in Protecting Consumers

Press Release
Sep 10, 2026
Hinshaw Attorneys Recognized as 2027 Lexology Index Thought Leaders: USA

In The News
Sep 10, 2026
Nicholas Ajello and Gregory Emry Analyze FAA’s Proposed BVLOS Drone Regulations

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 9, 2026
“Play Now, Arbitrate Later”—“Not So Fast,” Ninth Circuit Says

In The News
Sep 9, 2026
Jennifer Driscoll Discusses “Patchwork” of Laws Targeting Personalized Pricing

Employment Law Observer
Sep 8, 2026
Five Workplace Issues Every Employer Should Address Before They Become a Costly Lawsuit

Press Release
Sep 8, 2026
Jim Sandy Appointed Chair of ABA Debt Collection and Bankruptcy Subcommittee

In The News
Sep 3, 2026
Jennifer Driscoll Analyzes FTC Suit over Amazon’s Advertising Pricing Practices

In The News
Sep 2, 2026
Yvonne Ocrant Discusses Horse Business Legal Protection on the EquineRevShare Podcast

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 2, 2026
Two Key Wins for Mortgage Lenders on Illinois Statute of Limitations



