Story highlights The case is over who rightfully can lead the Consumer Financial Protection Bureau

Dual appointments led to a showdown

Washington (CNN) A federal judge hearing the case over who rightfully can lead the Consumer Financial Protection Bureau on an acting basis Tuesday denied a request to block President Donald Trump from installing Mick Mulvaney as acting director.

At a hearing Tuesday evening at the US District Court in Washington, DC, Judge Timothy Kelly ruled that he will not issue an emergency order blocking Trump from installing Mulvaney in the post.

The hearing was in response to a lawsuit filed over the weekend challenging Trump's authority to appoint Mulvaney as the acting director of the bureau following the resignation of Director Richard Cordray. Trump named Mulvaney, his director of the Office of Management and Budget, the head of the agency shortly after Cordray appointed Leandra English. The dual appointments led to a showdown over who would take charge of the federal watchdog and fraud protection agency, which was created after the financial crisis to protect consumers and keep an eye on Wall Street.

The bulk of Kelly's decision was based on his assessment that the plaintiff did not meet the burden for success on the merits, the judge said.

The judge ruled that the plaintiff had not adequately demonstrated harm, and both the President and Mulvaney would be harmed if the appointment was not allowed to stand.

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