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Thursday, February 16, 2023 8:49:18 AM
If the SCOTUS denies the CFPB's Petition for a Writ of Certerrori, then the CFPB would have controlling precedent in the 5th Circuit ONLY (Mississippi, Louisiana, and Texas). The CFPB 5th Circuit Appealate Decision could then be used in the other 12 Federal Circuit courts in arguments, but it would not be controlling.
If the SCOTUS denies the Petition, any of the other 12 Federal Circuits could rule the opposite of the holding in the 5th Circuit, creating a split amongst the Circuits and then the SCOTUS could grant a future Petition for a Writ of Certerrori, thus resolving the split amongst the Circuits.
If the SCOTUS grants the CFPB'S Petition and issues an opinion, then it would be controlling precedent in ALL federal and state courts.
That said, it is true that the CFPB is not the FHFA nor is the Dodd Frank Act the HERA.
However, they BOTH are very similar and BOTH appear to have a double insulated from Congressional Appropriations Oversight Process Review, which is relevant and they both were written in response to the same economic crisis, empowering their respective agencies with sweeping powers over the national Economy.
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