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In reply to the discussion: Court sides with Trump in consumer agency fight [View all]SunSeeker
(58,283 posts)The NLRA gives the President an optional route to fill a vacancy pending Senate confirmation. The CFPB does not; it does not create an option for the President. The CFPB explicitly requires that the Deputy Director becomes the Acting Director upon a vacancy. As you acknowledged up the thread, if the more specific CFPB rule conflicts with the FVRA, which it does here, the CFPB rule controls. The NLRA did not conflict with FVRA since it was an optional route to fill the vacancy. The NLRA did not require that vacancies be filled by the route it described; the CFPB rule does require it.
I don't know what lawyers you are referring to, but James Cordray, the CFPB's only Director since the agency's inception, and Elizabeth Warren, who proposed and established the CFPB, agree with me, and both discussed this on Rachel Maddow Tuesday night. They are the experts here.