Max Bonici, Kevin Petrasic and Benjamin Saul | White & Case LLP
On January 10, 2018, a federal judge denied Consumer Financial Protection Bureau (CFPB or Bureau) Deputy Director Leandra English’s motion for a preliminary injunction to prevent (1) Mick Mulvaney from serving as CFPB Acting Director and (2) President Trump from nominating another to fill that role temporarily under the Federal Vacancies Reform Act (Vacancies Act). On January 12, English filed a notice of appeal to the DC Circuit Court of Appeals (DC Circuit). This decision, which follows Judge Kelly’s November 2017 denial of a temporary restraining order (TRO) on similar grounds, preserves Mulvaney’s Acting Directorship, pending review by the DC Circuit. While English’s appeal plays out in court, Judge Kelly’s order maintains the apparent status quo at the Bureau and reinforces Mulvaney’s authority, including current reform efforts at the Bureau focused on—among other things—the review of pending rulemakings, investigations, and key policy issues.