Contending that it cannot abolish the CFPB on its own, the Trump
Administration said that the union arguing that such a plan exists
should not be entitled to an en banc hearing before an appeals
court.

"Although factual disputes exist surrounding those actions,
all the parties and both the majority and dissenting opinions agree
that the Executive Branch lacks power to unilaterally abolish [the]
CFPB based on policy disagreements with Congress's
choices," the Justice Department said, in response to the
request for an en banc hearing filed by the National Treasury
Employees Union in the U.S. Circuit Court of Appeals for the
District of Columbia.

The Administration said the union is relying on what it says is
"an unexpressed decision" to shut down the agency.

A court may not review "an abstract decision" but is
instead limited to reviewing "specific agency action, as
defined in the [Administrative Procedure Act]," the
Administration said.

The NTEU has sued the Administration, contending that the
Administration's plan to lay off more than 1,400 employees at
the CFPB amounts to an abolishment of the agency. Only Congress has
that power, the union said.

The DoJ had sought to delay its response to the en banc request,
saying that the government shutdown resulted in it not having the
necessary employees to respond. However, the Appeals Court denied
that request and continued to require the Administration to file
its response by October 21.

A divided three-judge panel of the Appeals Court had dissolved a
lower court injunction blocking the firings and said that the Trump
Administration could resume the firing of more than 1,400 employees
at the CFPB. However, when it dissolved the injunction, the panel
withheld the mandate in the case until the plaintiffs timely
petitioned for a rehearing en banc. The plaintiffs subsequently
filed a request for the en banc hearing.

Most recently, according to several press reports, Office of
Management and Budget Director and Acting CFPB Director Russell
Vought said on the "Charlie Kirk Show" that he thinks he
will be successful in shutting down the CFPB "within the next
two to three months."

In its response to the request for the en banc hearing, the DoJ
said that a general plan of future action "no matter how
firmly announced" is only a preliminary step toward final
action.

The Administration said that no decision to shutter the CFPB is
contained in any "regulation, order, document, email or other
statement, written or oral."