Former director Richard Cordray formally resigned on Friday and named English as his temporary replacement [press release].
Trump immediately sought to place Mulvaney as the director until he can confirm a permanent director through the Senate.
The suit hinges on which law applies when filling a temporary leadership vacancy at a new regulatory agency. English argues that the 2010 Dodd-Frank Wall Street reform law [text], which created the agency, states that a deputy director temporarily acts as director when the former director departs until Senate confirms a permanent director. The Trump administration asserts [text, PDF] that the 1998 Federal Vacancies Reform Act [text] grants the president the power to temporarily fill agency positions, except when the agency has multi-member boards. According to the administration, this exception does not apply.
English seeks a temporary restraining order to block Mulvaney's appointment as well as retain her new position.
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