The Fifth Circuit's Inconsistent Approach to Certiorari and Abeyance
Reason.com -

On Tuesday, March 3, at 10:00 a.m., the Supreme Court heard oral arguments in Seila Law v. LLC. That case considered the constitutionality of the CFPB's structure. (I analyzed the arguments here.) At some time that same day (I am not sure the exact time), the Fifth Circuit decided CFPB v. American Check Cashing. This case also considered the constitutionality of the CFPB's structure. I criticized that decision as an untimely amicus brief. The panel should have held the case in abeyance until the...

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