The 5th U.S. Circuit Court of Appeals on Tuesday became the third federal appeals court to find the leadership structure of the Consumer Financial Protection Bureau passes constitutional muster, even as the U.S. Supreme Court heard argument on the same question.
Writing for the majority, Circuit Judge Stephen Higginson said he would have preferred to hold All American Check Cashing’s appeal “until the Supreme Court decides the identical issue that it heard today” in considering Seila Law v. CFPB. However, his fellow panel members disagreed, and Higginson was “confident that their views will offer new insights to the Supreme Court.”
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