BCFP Appeals S.D.N.Y. Opinion on Constitutionality, Issue Now Before Yet Another Appellate Court

Back in June, a judge in the Southern District of New York (S.D.N.Y.) found that the Bureau of Consumer Financial Protection's (BCFP or Bureau) structure is unconstitutional in Consumer Financial Protection Bureau and the People of New York v. RD Legal Funding, LLC, et al., No. 17-cv-890 (S.D.N.Y. Jun. 21, 2018).  On Friday, September 14, the Bureau appealed this decision to the Second Circuit Court of Appeals.

This news comes on the tail of State National Bank of Big Spring filing a petition for writ of certiorari with the U.S. Supreme Court in a case that questions the constitutionality of the Bureau. The petition is a request for the nation's hightest court to hear the issue.

As previously reported by insideARM, the State National Bank of Big Spring, et al., v. Steven Mnuchin, et al. case arose from the D.C. Circuit Court of Appeals. After the lower court (the D.C. District Court) found the structure of the BCFP to be constitutional, State National Bank of Big Spring appealed the matter to the D.C. Circuit. Almost immediately after the D.C. Circuit opened the matter, the parties filed a joint motion for judgment so that they could immediately appeal the matter to the U.S. Supreme Court.

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