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Next Steps Laid Out in English’s Lawsuit Against President

The judge in charge of Leandra English’s lawsuit against President Trump and his pick to be the acting director of the Consumer Financial Protection Bureau has its next court date: Dec. 22.

English has until today to file a motion for a preliminary injunction. Amicus briefs supporting her arguments are due by this Friday. The Justice Department, and anyone filing amicus briefs on its behalf, has until Dec. 18 to file its paperwork.

Last week, Judge Timothy Kelly denied a temporary restraining order that would have kept Mick Mulvaney from being considered the acting director of the CFPB. English was promoted to deputy director by former director Richard Cordray in the hours before he resigned on Nov. 24. Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Cordray and English believe she is the rightful acting director until a permanent replacement is nominated and confirmed by the Senate. President Trump is using the Federal Vacancies Reform Act to install Mulvaney as the acting director.

While the hearing will take place on Dec. 22, Judge Kelly did not say when he plans to rule on the motion, although he did indicate that the case is moving faster than the government wants.


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