The DOJ filed an amicus curiae brief in response to a recent D.C. Circuit Court Order granting a rehearing in PHH Corporation v. Consumer Financial Protection Bureau. The DOJ argued that the President has the legal authority to remove the CFPB director at will.
On October 11, 2016, the U.S. Court of Appeals for the D.C. Circuit ruled that a CFPB interpretation of provisions of the Real Estate Settlement Procedures Act "violated bedrock principles of due process," and that the organizational structure of the CFPB violated Article II of the constitution.