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Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited

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Docket No. Op. Below Argument Opinion Vote Author Term
22-448 5th Cir. Oct 3, 2023
 May 16, 2024 7-2 Thomas OT 2023

Holding: Congress’ statutory authorization allowing the Consumer Financial Protection Bureau to draw money from the earnings of the Federal Reserve System to carry out the bureau’s duties, 12 U.S.C. §§ 5497(a)(1), (2), satisfies the appropriations clause.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Thomas on May 16, 2024. Justice Kagan filed a concurring opinion, in which Justices Sotomayor, Kavanaugh, and Barrett joined. Justice Jackson filed a concurring opinion. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 14 2022Petition for a writ of certiorari filed. (Response due December 14, 2022)
Nov 21 2022Motion to extend the time to file a response from December 14, 2022 to January 13, 2023, submitted to The Clerk.
Nov 21 2022Response to motion to extend the time to file a response filed.
Nov 22 2022Motion to extend the time to file a response is granted and the time is extended to and including January 13, 2023.
Dec 14 2022Brief amici curiae of West Virginia, et al. filed.
Dec 14 2022Brief amici curiae of New York, et al. filed.
Jan 13 2023Brief of respondents Community Financial Services Association of America, Limited, et al. in opposition filed.
Feb 01 2023DISTRIBUTED for Conference of 2/17/2023.
Feb 01 2023Reply of petitioner Consumer Financial Protection Bureau, et al. filed. (Distributed)
Feb 21 2023DISTRIBUTED for Conference of 2/24/2023.
Feb 27 2023Petition GRANTED.
Mar 10 2023Motion for an extension of time filed.
Mar 14 2023Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 8, 2023. The time to file respondents' brief on the merits is extended to and including July 3, 2023.
Apr 26 2023Motion to dispense with printing the joint appendix filed by petitioners Consumer Financial Protection Bureau, et al.
May 08 2023Brief of petitioners Consumer Financial Protection Bureau, et al. filed.
May 12 2023Brief amici curiae of Farm Action, et al. filed.
May 15 2023Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
May 15 2023Brief amici curiae of States of New York, et al.
May 15 2023Brief amici curiae of Community Development Credit Unions and Financial Institutions Including Self-Help Credit Union, et al. filed.
May 15 2023Brief amici curiae of Professors of History and Constitutional Law filed.
May 15 2023Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law, et al. filed.
May 15 2023Brief amici curiae of Military and Veterans Organizations filed.
May 15 2023Brief amicus curiae of National Treasury Employees Union filed.
May 15 2023Brief amici curiae of Current and Former Members of Congress filed.
May 15 2023Brief amici curiae of The Mortgage Bankers Association, et al. in support of neither party.
May 15 2023Brief amici curiae of 90 State and Local Nonprofit Organizations filed.
May 15 2023Brief amici curiae of AARP and AARP Foundation filed.
May 15 2023Brief amici curiae of Ten Consumer Advocacy Organizations filed.
May 15 2023Brief amici curiae of Financial Regulation Scholars filed.
Jun 30 2023Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Jul 03 2023Brief of respondents Community Financial Services Association of America, Limited, et al. filed.
Jul 06 2023Brief amicus curiae of Atlantic Legal Foundation filed.
Jul 07 2023Brief amicus curiae of Americans for Prosperity Foundation filed.
Jul 07 2023Brief amici curiae of State of West Virginia and 26 Other States filed.
Jul 10 2023Brief amicus curiae of Landmark Legal Foundation filed.
Jul 10 2023Brief amici curiae of Former Members of Congress filed.
Jul 10 2023Brief amici curiae of Credit Union National Association, Inc., National Association of Federally-Insured Credit Unions, and American Association of Credit Union Leagues filed.
Jul 10 2023Brief amicus curiae of New England Legal Foundation filed.
Jul 10 2023Brief amici curiae of ACA International filed.
Jul 10 2023Brief amicus curiae of Washington Legal Foundation filed.
Jul 10 2023Brief amici curiae of New Civil Liberties Alliance, et al. filed.
Jul 10 2023Brief amicus curiae of Third Party Payment Processors Association filed.
Jul 10 2023Brief amici curiae of 132 Members of Congress filed.
Jul 10 2023Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jul 10 2023Brief amicus curiae of John Michael “Mick” Mulvaney filed.
Jul 10 2023Brief amicus curiae of The Foundation for Government Accountability filed.
Jul 10 2023Brief amici curiae of America's Future, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund filed.
Jul 10 2023Motion of State of West Virginia and 26 Other States for leave to participate in oral argument as amici curiae and for divided argument filed.
Jul 12 2023Response in opposition to motion from respondents Community Financial Services Association of America, Limited, et al. filed.
Jul 14 2023SET FOR ARGUMENT on Tuesday, October 3, 2023.
Jul 17 2023Record requested from the United States Court of Appeals for the Fifth Circuit.
Jul 24 2023Record from W.D. Tex. electronically received and available with the Clerk.
Jul 24 2023Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and available on PACER.
Jul 27 2023CIRCULATED
Aug 02 2023Reply of petitioners Consumer Financial Protection Bureau, et al. filed. (Distributed)
Aug 21 2023Motion of West Virginia and 26 Other States for leave to participate in oral argument as amici curiae and for divided argument DENIED.
Oct 03 2023Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Noel J. Francisco, Washington, D. C.
May 16 2024Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Kagan, J., filed a concurring opinion, in which Sotomayor, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined.
Jun 17 2024Judgment Issued.