The CFPB and Absence versus Resignation
In the on-going debate over who now heads the Consumer Financial Protection Bureau (CFPB), the focus has been on whether the statute establishing the CFPB (the Dodd-Frank Act) overrides the Vacancy Reform Act (VRA). (Marty Lederman has a good discussion here). The debate highlights a broader point about textualism (and, by extension, originalism). Dodd-Frank says that…