On Friday, January 13, the United States Court of Appeals for the District of Columbia Circuit issued an order granting leave for PHH to file a supplemental response to the CFPB’s petition for rehearing en banc in PHH v. CFPB. As previously noted on this blog, PHH had characterized the CFPB and Solicitor General’s arguments for rehearing as “internally inconsistent” and asked for leave to respond further. Because the D.C. Circuit’s order directs PHH to file its additional brief by January 27, 2017, the court’s ultimate decision whether to hear the case en banc is now virtually assured to come after the inauguration of President-Elect Trump.

Law clerk Ryan Johansen contributed to this post.