(C) Common Dreams
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Watchdog: Judge Pittman’s Costly Stay of Credit Card Late Fee Rule Mired In Conflicts of Interest, Judge Shopping Scrutiny & Swampy Ties to U.S. Chamber [1]
['Emily Hoyle']
Date: 2024-05-10 22:06:02+00:00
BACKGROUND: What You Need to Know About the History of the Fifth Circuit’s Swampy Ties to the U.S. Chamber and Other 5th Circuit Conflicts of Interest:
JUDGE SHOPPING: The U.S. Chamber predictably sued the Biden administration in Texas federal court to ensure it fell under the jurisdiction of the 5th Circuit Court of Appeals where 19 out of the 26 judges were appointed by Republicans, including 6 by Donald Trump. An Accountable.US analysis found that since Donald Trump took office in January 2017, roughly 63% of the U.S. Chamber’s lawsuits challenging federal regulations were filed within district courts under the Fifth Circuit’s jurisdiction.
CONFLICTS OF INTEREST: Trump-appointed 5th Circuit Court of Appeals Judge Don Willett decided not to recuse himself in the U.S. Chamber of Commerce’s lawsuit against the CFPB’s credit card late fee rule even though Politico reported Willett’s most recent financial disclosure report lists up to tens of thousands of dollars’ worth of shares in Citigroup, a bank greatly impacted by the CFPB’s action capping credit card late fees and that is also member of the trade groups behind the lawsuit including the U.S. Chamber, American Bankers Association and Consumer Bankers Association. In addition, an Accountable.US review found Fifth Circuit judges have collectively reported up to $745,000 in investments in credit card or credit issuing companies in their most recently available public financial disclosures.
THE SWAMP: An Accountable.US report found the U.S. Chamber heavily funds the Federalist Society—which has paid thousands of dollars in travel expenses for Fifth Circuit judges—donating between $800k to nearly $1.2M since 2008. Several attorneys at the U.S. Chamber Litigation Center are contributors to the Federalist Society. The Chamber has also frequently partnered with the law firm Wiley Rein LLP, self-described as DC’s “ secret firm ” where several of the firm’s partners were also law clerks for numerous Fifth Circuit judges. In addition, several of the U.S. Chamber’s own personnel, and firms the group works with to protect corporations, have served as law clerks for several current Fifth Circuit judges on the court.
U.S. CHAMBER REPRESENTS BIG BANK CEOs, NOT SMALL BIZ: Among the U.S. Chamber’s members are major credit card issuers JPMorgan, American Express, Citi, Bank of America, and Wells Fargo which collectively charged consumers billions in credit card late fees and other service charges in 2023 alone, a recent Accountable.US analysis found.
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[1] Url:
https://accountable.us/watchdog-judge-pittmans-costly-stay-of-credit-card-late-fee-rule-mired-in-conflicts-of-interest-judge-shopping-scrutiny-swampy-ties-to-u-s-chamber/
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