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Monday, December 19, 2022 10:18:25 AM
If SCOTUS declines, then IMHO:
(1) CFPB could still ask for a Fifth Circuit all-hands appeal ( ‘en banc’). But that will be a losing effort and CFPB obviously knows it: I see only 7 of 19 CFPB-friendly judges (probably the main reason for the unusual leap from ‘panel’ straight to a USSC Writ of Cert).
(2) Every CFPB action in TX, Mississippi and Louisiana becomes subject to individual case challenges with merit. Death by a thousand cuts would commence, so CFPB instead might need to consider at least “staying” all its actions for an indeterminate time in those 3 states. And good riddance to bad rubbish.
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