Next week, lawyers for the State National Bank of Big Spring and co-plaintiffs, are expected to file court papers in Washington addressing the merits of Cordray's appointment. The bank's attorneys, including O'Melveny & Myers partner Gregory Jacob, have until February 13 to respond to DOJ's effort to have the case dismissed.
On the appellate level, the attention will turn to the U.S. Court of Appeals for the Third Circuit, in Philadelphia, and the U.S. Court of Appeals for the Fourth Circuit, in Richmond, in the coming weeks. The Fourth Circuit has set argument for March 22; the Third Circuit could hear its case several days earlier.
Beth Brinkmann, a top DOJ civil division appellate lawyer, is tied up in both of those appellate cases. Brinkmann argued for DOJ in the Noel Canning case against Jones Day partner Noel Francisco and Miguel Estrada, co-chair of the appellate and constitutional law practice at Gibson, Dunn & Crutcher.
Earlier this week, the Supreme Court declined to wade into the dispute over recess appointments. Any divide among the circuit courts could bolster the argument that the high court should review the lawfulness of Obama's recess appointments.
This article originally appeared as a post on The BLT: The Blog of LegalTimes.