On June 1, 2021, the Ninth Circuit, in
CFPB v. Seila Law LLC, No. 17-56324, granted Seila Law LLC’s motion to stay the mandate requiring its compliance with a civil investigative demand, while it petitions the U.S. Supreme Court for a writ of certiorari on the question of whether the ratification of the Consumer Financial Protection Bureau’s (CFPB) demand is an appropriate remedy for the separation-of-powers violation identified by the Supreme Court last year. The panel ordered that the mandate would be stayed for a period of 150 days, or until final disposition by the Supreme Court. If certiorari is granted, it would be the second time that the CFPB and Seila Law face off in the high court, and the Court’s decision could resolve lingering questions that have emerged in the wake of the parties’ prior contest.