Media Quote Joe Reilly on Case Questioning CFPB Constitutionality

March 13, 2020

McGuireWoods senior counsel Joseph Reilly was quoted in recent articles covering Seila Law LLC v. CFPB, the U.S. Supreme Court case challenging the constitutionality of the Consumer Financial Protection Bureau's structure.

In a March 5, 2020, Inside Mortgage Finance article, Reilly said the most likely ruling in Seila Law would be a narrow fix of the CFPB’s structure, as laid out in Justice Brett Kavanaugh’s past opinion when he sat on the U.S. Court of Appeals for the D.C. Circuit.

In a March 4, 2020, Law360 article, Reilly discussed Chief Justice John Roberts Jr.’s questioning of the CFPB's self-funding mechanism. The article quoted Reilly as observing, “With the four liberal justices signaling eagerness to uphold the agency's structure and their four conservative counterparts expected to go the other way” on the constitutionality of the provision for presidential removal of the CFPB director, “the chief justice could be trying to chart a narrow middle path” by relying on how the agency is funded. “He is searching for a distinguishing feature in this case beyond the 'categorical' distinction advocated by the parties,” Reilly said.

Reilly also was quoted by Law360 on Oct. 28, 2019, about this case when the Supreme Court decided to hear the appeal.

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