Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, Amicus Curiae Brief of Separation of Powers Clinic in Support of Appellants

Abstract

Separation of powers is “aimed at more than an abstract division of labor between the branches of government: The structural principles secured by the separation of powers protect the individual as well.” This Court should reject the District Court’s stringent test for obtaining judicial relief where an enforcement action was initiated by an agency led by an official with unconstitutionally constraining removal protections. A contrary ruling would disincentivize parties from raising such challenges and leave unconstitutional removal schemes to fester, with longstanding detrimental consequences for the balance of power among Congress, the judiciary, and the executive.

Keywords: Separation of Powers, Constitutional Law, Administrative Law, CFPB, Consumer Finance Protection Bureau, Unitary Executive, Appointments Clause, Removal Power, Judicial Review

JEL Classification: H1, H10, H11, K23