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Boyden Gray & Associates brought the first challenge to the constitutionality of the Consumer Financial Protection Bureau on behalf of State National Bank of Big Spring Texas, together with O’Melveny and the Competitive Enterprise Institute. After the district court dismissed the case for lack of standing, the firm prevailed in the United States Court of Appeals for the D.C. Circuit, which reversed the judgment of the district court and upheld the bank’s standing to sue. The firm represented the bank as an amicus curiae in PHH v. CFPB, in which a three-judge panel of the D.C. Circuit agreed that the CFPB’s design violates the constitutional separation of powers. The en banc D.C. Circuit vacated the panel decision in PHH and upheld the constitutionality of the CFPB. Similar constitutional challenges continue to arise in other circuit courts.
Litigation:
- Petition for Writ of Certiorari, State National Bank of Big Spring v. Mnuchin, No. 18-307 (S. Ct. Sept. 6, 2018)
- Brief of Amicus Curiae State National Bank of Big Spring et al., PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir. Mar. 10, 2017)
- Motion for Summary Judgment, State National Bank of Big Spring v. Lew, No. 12-1032 (D.D.C. Nov. 6, 2015)
- Brief of Private Plaintiffs-Appellants, State National Bank of Big Spring v. Lew, Nos. 13-5247, 13-5248 (D.C. Cir. Feb. 11, 2014)
- Brief of Amici Curiae State National Bank of Big Spring et al., Noel Canning v. NLRB No. 12-1281 (S. Ct. Nov. 25, 2013)
- Complaint, State National Bank of Big Spring v. Wolin, No. 12-1032 (D.D.C. Feb. 19, 2013)
Commentary:
- GRAY & KAZMAN: Supreme Court Should Do What Congress Won’t: Rein in the Bureau of Consumer Financial Protection, The Hill, Dec. 20, 2018
- GUSTAFSON & CONDE: Congress Rebukes CFPB’s Bureaucratic Overreach, Washington Examiner, June 14, 2018
- GRAY: Extra Icing on an Unconstitutional Cake Already Frosted? A Constitutional Recipe for the CFPB, Geo. Mason Law Rev. (2017)
- GRAY: Reining in a Rogue Bureau, A Law Unto Itself Faces the Constitution, Washington Times, Apr. 12, 2016
- GRAY: The Administrative State v. The Constitution: Dodd-Frank at Five Years, Hearing Before the Subcomm. on the Constitution of the S. Comm. on the Judiciary (2015)
- GRAY: Obama’s ‘Pen and Phone’ vs. Constitution’s Checks and Balances, Washington Times, Jan. 28, 2014
- GRAY: Congress Needs to Step Up Oversight in 2014, Washington Times, Dec. 24, 2013
- GRAY: Examining Constitutional Deficiencies and Legal Uncertainties in the Dodd-Frank Act, Hearing Before the H. Comm. on Financial Services (2013)
- GRAY & WHITE: The Biggest Kiss, Weekly Standard, Oct. 29, 2012
- GRAY: Why Dodd-Frank Is Unconstitutional, Wall St. J., June 21, 2012
- GRAY: Uncharted Territory: What are the Consequences of President Obama’s Unprecedented ‘Recess’ Appointments?, Hearing Before the H. Comm. on Oversight and Government Reform (2012)
- GRAY & SHU: The Dodd-Frank Wall Street Reform & Consumer Protection Act of 2010: Is It Constitutional?, Engage (2010)