All American Check Cashing’s interlocutory appeal from the district court’s ruling upholding the CFPB’s constitutionality has been calendared for oral argument before a Fifth Circuit panel on December 4, 2019.

Rather than wait for a decision from the Fifth Circuit, All American filed a Petition for a Writ of Certiorari Before Judgment with the U.S. Supreme Court.  All American argued in its petition that its case was a better vehicle for deciding the question of the CFPB’s constitutionality than Seila Law.  It made the alternative argument that the Supreme Court should grant its petition as a companion case to Seila Law in the event it granted Seila Law’s petition.  The CFPB has not yet responded to All American’s petition.  In my view, the Supreme Court is likely to either deny All American’s petition (based on the fact that the Fifth Circuit has not yet had an opportunity to review the case) or grant certiorari and hold All American pending the outcome in Seila Law.

As we reported, the CFPB has asked the Second Circuit to adjourn the oral argument in RD Legal that is currently scheduled for November 21, 2019 until the Supreme Court decides Seila Law.  RD Legal is opposing that request.  We also reported that the Ninth Circuit has entered an order withdrawing the submission of CashCall’s appeal from the district court judgment in favor of the CFPB and staying all further proceedings until the Supreme Court’s decision in Seila Law.

It appears likely that the CFPB will also seek to adjourn the December 4 Fifth Circuit oral argument in All American pending the outcome in Seila Law.  I would expect the Fifth Circuit to adjourn the oral argument at least until the Supreme Court rules on All American’s Petition for a Writ of Certiorari Before Judgment.  If the petition is granted, I would expect the Fifth Circuit to continue the adjournment pending a decision from the Supreme Court.  If the petition is denied, I would still expect the Fifth Circuit to continue the adjournment but, in that scenario, pending a Supreme Court decision in Seila Law.