States back challenge to Trump's pick to lead consumer bureau

States back challenge to Trump's pick to lead consumer bureau
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Attorney generals from across the country filed a brief on Friday to challenge President TrumpDonald John TrumpGillibrand backs federal classification of third gender: report Former Carter pollster, Bannon ally Patrick Caddell dies at 68 Heather Nauert withdraws her name from consideration for UN Ambassador job MORE's appointment of White House budget chief Mick MulvaneyJohn (Mick) Michael MulvaneyHigh stakes as Trump, Dems open drug price talks Trump declares national emergency at border Puerto Rico governor threatens legal action over national emergency declaration: 'See you in court' MORE to lead the Consumer Financial Protection Bureau (CFPB) as its acting director. 

Seventeen states and Washington, D.C., filed the motion. 


Former CFPB Director Richard Cordray promoted Leandra English to the deputy director position shortly before he stepped down. The CFPB succession rules established by the Dodd-Frank Act state that the deputy director becomes interim leader if the director resigns.

However, Trump promoted Mulvaney — a vocal critic of the agency — to lead the CFPB. The White House argued that the president has the power to supersede Dodd-Frank’s line of succession through the Federal Vacancies Reform Act. 

English asked a federal court on Wednesday to block a previous ruling that cleared the way for Trump to appoint Mulvaney. 

The complaint filed by English requests that the court impose her restraining order against Mulvaney, although it dismissed her effort two weeks ago.

English argues that Mulvaney cannot run the CFPB because of the line of succession established in Dodd-Frank. English also claims Mulvaney’s appointment violates the Federal Reserve’s independence because the CFPB was created within the Fed system and Mulvaney is a senior White House aide.