State National Bank of Big Spring v. Mnuchin

Petition for certiorari denied on January 14, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
18-307 D.C. Cir. N/A N/A N/A N/A OT 2018

Issues: (1) Whether Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act violates the Constitution’s separation of powers by creating the Bureau of Consumer Financial Protection as an independent agency that exercises expansive executive authority over private citizens but is led by a single director that the president cannot remove from office for policy reasons, is exempted from Congress’ power of the purse and accompanying congressional oversight, and has no internal checks or balances (such as those afforded by a deliberate multi-member commission structure) to mitigate this lack of accountability and restraint; (2) whether Humphrey’s Executor v. United States should be overturned; and (3) whether the appropriations clause, in conjunction with the Constitution’s separation of powers, permits Congress to create perpetual, on-demand funding streams for executive agencies that are unreviewably drawn from the coffers of other independent agencies.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 06 2018Petition for a writ of certiorari filed. (Response due October 10, 2018)
Oct 09 2018Brief amicus curiae of The Buckeye Institute for Public Policy Solutions filed.
Oct 09 2018Brief amici curiae of Southeastern Legal Foundation, et al. filed.
Oct 10 2018Brief amicus curiae of Landmark Legal Foundation filed.
Oct 10 2018Brief amicus curiae of Pacific Legal Foundation filed.
Oct 10 2018Motion to extend the time to file a response from October 10, 2018 to November 11, 2018, submitted to The Clerk.
Oct 11 2018Motion to extend the time to file a response is granted in part and the time is extended to and including November 9, 2018.
Nov 08 2018Motion to extend the time to file a response from November 9, 2018 to December 10, 2018, submitted to The Clerk.
Nov 09 2018Motion to extend the time to file a response is granted and the time is further extended to and including December 10, 2018.
Dec 10 2018Brief of respondent United States in opposition filed.
Dec 21 2018Reply of petitioners State National Bank of Big Spring, et al. filed.
Dec 26 2018DISTRIBUTED for Conference of 1/11/2019.
Jan 14 2019Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
 
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