Court rules in favor of Trump’s CFPB choice

A federal judge ruled in favor of President Donald Trump’s choice as acting director of the CFPB on Wednesday, denying deputy director Leandra English’s request for a preliminary injunction. The ruling furthers Mick Mulvaney’s claim to the position until the President nominates a permanent choice for Senate confirmation.

“The court finds that English is not likely to succeed on the merits of her claims, nor is she likely to suffer irreparable harm absent the injunctive relief sought,” Judge Timothy Kelly said in his decision.

English could now appeal to the U.S. Court of Appeals for the D.C. Circuit if she wishes to prolong a leadership challenge that began with director Richard Cordray’s resignation Nov. 24. Just before announcing his resignation, Cordray named English his deputy, giving her a claim to the acting director role, a claim the Trump administration has not recognized.

“The administration is glad to see the courts once again recognize the President’s lawful designation,” deputy White House press secretary Raj Shah said Thursday. “The President looks forward to acting director Mulvaney’s continued work on behalf of American consumers.”

Part of Kelly’s reasoning in his ruling tied to resolving this ordeal sooner than later. If English appeals, as has always been indicated would be the case, that conclusion will be put off into the spring.

“There is little question that there is a public interest in clarity here, but it is hard to see how granting English an injunction would bring about more of it,” Kelly said. “The President has designated Mulvaney the CFPB’s acting director, the CFPB has recognized him as the acting director, and it is operating with him as the acting director.”