The U.S. District Court for the District of Columbia ruled in favor of CUNA’s position Wednesday that President Donald Trump has the authority to appoint a director of the Consumer Financial Protection Bureau (CFPB). The case, English v. Trump, centered on whether Leandra English, picked by departing Director Richard Cordray, should serve as director rather than Mick Mulvaney, who Trump named interim director
CUNA filed a brief in the case last month, supporting the president’s authority to appoint an interim CFPB head under the Federal Vacancies Reform Act.
“The court has come to the correct decision, which matches our analysis, that the president has the authority to appoint an interim head of the CFPB,” said CUNA President/CEO Jim Nussle. “It’s unfortunate that consumers were left hanging as this political theater played out over the last few weeks, which is why CUNA continues to support a bipartisan commission to lead the bureau. Such a commission would have avoided all the legal action, and ensured continuity of leadership for an agency that has much influence over the financial services marketplace.”
CUNA wrote to Mulvaney after Trump named him interim director, outlining credit union concerns with various CFPB rulemakings and other actions. Mulvaney announced a freeze on rulemakings shortly after and had proposed delays for the HMDA and Prepaid card rules.