A strange and unnecessary controversy has arisen in what should be a noncontroversial situation. As Mary McCloud, General Counsel of the Consumer Financial Protection Bureau (CFPB), frames the issue (emphasis added):
Questions have been raised whether the President has the authority under the Federal Vacancies Reform Act (FVRA) to designate Mick Mulvaney, the Director of the Office of Management and Budget, as the Acting Director of CFPB following the resignation of Richard Cordray as of midnight, Friday, November 24, 2017, even if the Deputy Director otherwise could act under 12 U.S.C. § 5491(b)(5). This confirms my oral advice to the Senior Leadership Team that the answer is “yes.”
Senator Tom Cotton gave a stronger statement condemning the resistance:
The Consumer Financial Protection Bureau is a rogue, unconstitutional agency. Leandra English's lawsuit to install herself as acting director against the president's explicit direction is just the latest lawless action by the CFPB. She doesn't have a legal leg to stand on, as her own general counsel has conceded and the Department of Justice has concluded. The president should fire her immediately and anyone who disobeys Director Mulvaney's orders should also be fired summarily. The Constitution and the law must prevail against the supposed resistance.
RNLA President Elliot Berke stated that this is really a no-brainer and expressed hope Ms. English does the right thing and steps aside:
"The President is simply acting under the authority granted to him under the Vacancies Act to make this appointment. This should be a non-controversial act; I hope that Ms. English ultimately sees that and withdraws this frivolous lawsuit."
We hope that Ms. English steps down, respects the rule of law, and allows the CFPB to do its work.