As we discussed in our prior post on National Treasury Employees Union (NTEU) v. Consumer Financial Protection Bureau (CFPB or Bureau), on August 15 the U.S. Court of Appeals for the District of Columbia issued a decision vacating the district court’s preliminary injunction, which had previously restricted the CFPB’s actions to halt the Bureau’s operations and terminate its employees. The court of appeals held that most of the employees’ claims belonged in the Civil Service Reform Act regime and that the remaining claims did not target reviewable final agency action or equitable claims.

Yesterday, the court issued a new order granting rehearing en banc, vacating the panel’s August 15, 2025 judgment, and setting an expedited briefing and argument schedule.

The En Banc Order

The court’s order does three key things:

  1. Grants rehearing en banc. A majority of the active judges voted to rehear the case en banc. The case will be reheard by the full court, with oral argument set for February 24, 2026, at 2:00 p.m.
  2. Vacates the panel’s judgment. The August 15, 2025 judgment vacating the district court’s preliminary injunction is now vacated. The prior panel opinion no longer has precedential effect while the full court reconsiders the case.
  3. Leaves the partial stay in place. The order specifies that the partial stay pending appeal entered on April 11, 2025 and modified on April 28, 2025 “is in effect.” In other words, the same interim constraints that have governed the parties’ conduct during the appeal continue to apply while the en banc court considers the case.

Briefing and Argument Schedule

The court has set an accelerated schedule keyed to the February 24, 2026 oral argument date:

  • Brief for Appellants (CFPB and Acting Director Vought): January 9, 2026
  • Amicus briefs in support of Appellants: January 16, 2026
  • Brief for Appellees (NTEU and other plaintiffs): February 2, 2026
  • Amicus briefs in support of Appellees: February 9, 2026
  • Reply brief for Appellants: February 17, 2026

The order emphasizes that extensions will be granted only for “extraordinarily compelling reasons.”

What’s Next

The en banc decision will determine whether NTEU and other plaintiffs may pursue their claims in district court, or must proceed exclusively through civil service channels. It will also determine whether, and to what extent, courts can grant forward‑looking injunctive relief to prevent an administration from effectively dismantling the CFPB without congressional action.

We will continue to monitor the en banc proceedings, additional amicus filings, and any further orders affecting the CFPB’s operational status and workforce.