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Wednesday, October 12, 2016 9:02:10 AM
The plaintiff for the CFPB case did not file a motion specifically questioning the constitionality of the law. The appeals court rendered its remand ruling with the directive to the lower court that the law as it stands is unconstitutional because CFPB is not omnipotent and instead has to answer to other other govt bodies that do have constitutional standing.
The point is, there was no need to bring the constitutionality question. The court will automatically render that opinion based on the arguments posed by the opposing parties.
also, you sure were in a hurry to retract/correct yourself on what you said about sammoms yesterday. I'd be more careful in the future about spilling the beans.
JMHO
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