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U.S.-PHH Tag Team Raises Stakes in Test of CFPB’s Constitutionality 

May 22, 2017

Chris Bruce, Bloomberg BNA

The CFPB will have an extra opponent May 24 when it faces off against PHH Mortgage Corp. in a major test of its constitutionality: the U.S. Justice Department.

The Trump administration’s unusual but not unprecedented decision to weigh in against the CFPB has already reshuffled the order of oral arguments before the U.S. Court of Appeals for the D.C. Circuit. The Justice Department will make its arguments after PHH presents its case but before the bureau steps up.

The Justice Department’s role also raises the stakes for the D.C. Circuit appeal, because the Trump administration could block CFPB from seeking further review before the Supreme Court.

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