ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

D.C. circuit court grants en banc rehearing of CFPB layoff lawsuit, district court clarifies preliminary injunction

January 5, 2026
Reading Time: 4 mins read
U.S. Supreme Court rules CFPB’s funding structure is constitutional

CFPB Funding and Operation
National Treasury Employees Union v. Russell Vought
Date: Dec. 30, 2025

Issue: Whether the Consumer Financial Protection Bureau violated the Administrative Procedure Act (APA) by using the bureau’s funding mechanism to defund itself.

Case Summary: The D.C. Circuit Court granted the National Treasury Employees Union’s petition for rehearing in its lawsuit challenging whether CFPB violated the APA by using the bureau’s funding mechanism to defund itself.

On Feb. 13, 2025, NTEU and its co-plaintiffs (collectively NTEU) sued CFPB, alleging President Trump and Acting Director Vought violated the Constitution and the APA by suspending CFPB’s legally mandated activities and effectively shutting it down. NTEU also sought a preliminary injunction. On March 28, 2025, Judge Jackson granted NTEU’s motion for a preliminary injunction, emphasizing the court could not stand by while CFPB risked dissolution before the case concluded. The court held that the preliminary injunction preserves CFPB’s contracts, workforce, data, and operations, and protects employees’ ability to perform their duties until the litigation ends.

On April 11, 2025, a D.C. Circuit Court panel partially stayed the injunction and allowed the CFPB to fire employees it deemed unnecessary after individualized assessments. Afterward, the CFPB implemented an RIF and terminated most of its workforce. NTEU moved to require CFPB to explain why it had not violated the injunction, and Judge Amy Berman Jackson blocked the termination of 1,483 employees, suspended the reduction in force (RIF), barred further firings pending resolution of the motion, and ordered an evidentiary hearing on CFPB’s compliance.

On April 28, 2025, a divided D.C. Circuit Court panel (2–1) modified its partial stay and eliminated CFPB’s authority to conduct any RIF. Afterward, on Aug. 15, 2025, a divided D.C. Circuit panel vacated the preliminary injunction, concluding that NTEU improperly grouped multiple CFPB leadership actions into a single alleged shutdown plan and that its claim the Trump administration sought to dismantle the CFPB unlawfully was overbroad.

En Banc Rehearing Granted

On September 29, 2025, NTEU petitioned for rehearing en banc. NTEU argued the panel majority’s public-statement rule conflicts with binding precedent and lets agencies evade judicial review. Under this novel rule, a decision qualifies as reviewable agency action only if the agency issues a public statement memorializing it. NTEU explained that the majority treated CFPB’s shutdown as unreviewable under the APA because the bureau did not issue a formal written statement, even though Supreme Court precedent holds that ending a program can itself be a final agency action. NTEU also argued that the public-statement rule clashes with D.C. Circuit Court cases recognizing that agency action need not be written to be final or reviewable, including cases involving unwritten or de facto policies proven by actual practice. Finally, NTEU warned that the public-statement rule would allow agencies to escape review by remaining silent or carefully wording statements, even when officials publicly announce a shutdown, leaders move to carry it out, and the action causes immediate, concrete harm.

Further, NTEU argued the panel majority wrongly held that shutting down an agency does not create a separation-of-powers claim. Citing Supreme Court and D.C. Circuit precedent, NTEU explained that parties with standing may bring constitutional claims when the executive acts without statutory authority, and that precedent does not bar such challenges. Because no statute authorizes CFPB to shut itself down, NTEU maintained that the case presents a clear constitutional violation. On Dec. 17, 2025, the D.C. Circuit granted NTEU’s petition without comment.

Motion For Clarification Granted

On Dec. 30, 2025, Judge Amy Berman Jackson granted Plaintiffs’ motion to clarify the preliminary injunction. Plaintiffs sought clarification that CFPB may not justify a violation of the preliminary injunction by refusing to request funding from the Federal Reserve, as they maintain the Dodd-Frank Act requires. The court determined that Plaintiffs’ motion does not seek to modify the preliminary injunction; it asks the court to clarify how the existing order applies to defendants’ announced plan not to seek Federal Reserve funding. The court explained a true funding lapse would make compliance with the injunction impossible, but stressed that funding has not “lapsed” on its own, as CFPB is creating the shortfall by choosing not to request funds. The court concluded CFPB’s decision would deliberately frustrate their obligations under the injunction.

The court also emphasized the injunction exists to preserve CFPB’s operations and prevent defendants from achieving a work stoppage “by any other means.” Because the order requires CFPB to maintain staff, contracts, capacity, and core statutory functions, and those duties require money, the court found that requesting the congressionally authorized funding is necessary to comply with the injunction. The court accordingly clarified that CFPB’s refusal to seek funding conflicts with the injunction and requires no modification to say so.

Bottom Line: A full panel of D.C. Circuit Court judges will examine whether CFPB violated the APA by using the bureau’s funding mechanism to defund itself.

Document: Petition; Order

Tags: Banking Docket
ShareTweetPin

Related Posts

Compliance question of the month: February 2025

Compliance question of the month: August 2026

Uncategorized
August 17, 2026

Compliance QOTM answers question on construction loan reporting under the Home Mortgage Disclosure Act.

Beyond Surveillance: Rethinking Security for Modern Financial Institutions

Beyond Surveillance: Rethinking Security for Modern Financial Institutions

Sponsored Content
August 12, 2026

Sponsored content presented by Axis Communications For decades, physical security within financial institutions has been largely reactive. Security teams investigated incidents after they occurred, using recorded video to understand what happened and support response efforts. While this approach...

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control and the Department of State: Aug. 10

Uncategorized
August 10, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control and the Department of State.

ABA, trade groups: CFPB has no authority to enact rule limiting arbitration 

ABA files amicus brief urging U.S. Supreme Court to clarify Federal Arbitration Act’s application to bankruptcy claims

Uncategorized
August 5, 2026

ABA filed an amicus brief urging the U.S. Supreme Court to review a Fourth Circuit decision holding that the FAA does not require courts to enforce arbitration agreements covering claims under Section 362(k) of the Bankruptcy Code.

ABA files amicus brief urging U.S. District Court of Oregon to enjoin Oregon’s rate opt-out law

ABA files amicus brief urging U.S. District Court of Oregon to enjoin Oregon’s rate opt-out law

Uncategorized
August 5, 2026

ABA filed a coalition amicus brief urging the U.S. District Court of Oregon to grant a preliminary injunction to prevent Oregon from enforcing its “rate opt-out law.”

Post-Cantero, Ninth Circuit rules NBA does not preempt California’s interest-on-escrow law

ABA files amicus brief urging U.S. Supreme Court to settle circuit split on NBA preemption for interest on escrow laws

Uncategorized
August 5, 2026

ABA filed a coalition amicus brief urging the U.S. Supreme Court to review a Ninth Circuit decision holding that the National Bank Act does not preempt California’s interest-on-escrow law.

NEWSBYTES

FDIC issues relief guidance for Mississippi, West Virginia banks affected by storms

August 17, 2026

ABA offers recommendations for changes to CAMELS rating system

August 17, 2026

Treasury proposes rulemaking for licensing payment stablecoin issuers

August 17, 2026

SPONSORED CONTENT

Beyond Surveillance: Rethinking Security for Modern Financial Institutions

Beyond Surveillance: Rethinking Security for Modern Financial Institutions

August 12, 2026
Relationship Banking at Scale: Why Banks Need The Digital Sales & Service Platform

Relationship Banking at Scale: Why Banks Need The Digital Sales & Service Platform

August 1, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

Examiners Are Now Looking at Your Non-Core Systems

June 11, 2026
Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

June 1, 2026

PODCASTS

Podcast: Banking the brave new world of college athletics

August 4, 2026

Podcast: Tactics for meaningful strategic planning

July 28, 2026

Podcast: Why it might be time to revisit a key FDIC ratio

July 23, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.