In a second victory for the White House over the battle for control of the Consumer Financial Protection Bureau, a federal judge denied a preliminary injunction request that would have removed Acting Director Mick Mulvaney from his post.
On Wednesday, Judge Timothy Kelly dropped a 46-page opinion denying Deputy Director Leandra English’s request to be installed as acting director of the CFPB to temporarily succeed Richard Cordray after he left the office in November. President Donald Trump selected Mulvaney as the acting director last year citing the Federal Vacancies Reform Act and sparking a debate over which legal precedent determines the regulator’s line of succession.
Kelly has ruled twice now that the Federal Vacancies Reform Act supersedes the succession plan laid out in the Dodd-Frank Act. English’s lawyer, Deepak Gupta, has not officially said they will appeal. However, Gupta previously said, “I think everyone understands this court is not the final stop, this judge does not have the final word on what happens in this controversy.”