President Trump announced his recent nominee to the Supreme Court last night – it’s D.C. Circuit Court Judge Brett Kavanaugh. And that may be bad news for the CFPB.
Of course, any Supreme Court nominee picked by President Trump is bound to be controversial, but of all the candidates ostensibly considered by the President, the CFPB should probably be most concerned with Kavanaugh, who has already ruled that the agency is unconstitutional.
In the 2016 Circuit Court decision, PHH Corp. V. CFPB, Kavanaugh took issue with the unprecedented powers accorded to the CFPB director. As Kelly Knepper-Stephens explained at the time of the ruling, in order to be constitutional, administrative agencies have historically had a director who can be removed at-will by the President or have a multi-member board comprised of experts “appointed by law and informed by experience” from both major parties.
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