D.C. Circuit's Brett Kavanaugh Doubles Down on Criticism of CFPB

, The National Law Journal


Back in October, Brett Kavanaugh, a judge on the U.S. Court of Appeals for the D.C. Circuit, wrote a 101-page majority ruling assailing the "massive, unchecked" power of the single director-led Consumer Financial Protection Bureau. Kavanaugh recently got a second chance to weigh in—weeks before the full D.C. Circuit will take a fresh look at mortgage lender PHH Corp.'s claims. Writing in an unrelated case, Kavanaugh predicted the D.C. Circuit—or the U.S. Supreme Court—will find the structure of the agency unconstitutional.

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What's being said

  • Darren McKinney

    If you and other anti-business leftists are prepared, Mr. Klimaski, to advocate straightforwardly for a constitutional amendment that would effectively end what you claim was the Founders‘ protection of oligarchs and their wealth, the First Amendment frees you to do so. But as you know, today‘s so-called oligarchs are often less dramatically referenced as talented, industrious and successful Americans who form our nation‘s economic backbone, and your anti-oligarch amendment will need two-thirds votes in both the House and Senate and then have to carry 38 of 50 states. That‘s the way our system works. It can‘t and won‘t work if unelected judges who were indoctrinated with the same hijacked notion of social justice with which your law school profs indoctrinated you think they‘re free to determine for the rest of us what a more modern and democratic interpretation of the revered document should be. And in case you didn‘t notice, an upset-of-the-century presidential election recently revolved largely around the question of who would fill Justice Scalia‘s originalist seat. Your living-breathing-Constitution side lost and hasn‘t held less political power nationwide since the late 1920‘s. So you might show Judge Kavanaugh‘s analysis of the CFPB‘s unconstitutional scope and underpinning a little more respect. Certainly soon-to-be Justice Gorsuch will.

  • Jim Klimaski

    Judge Kavanaugh recognizes that the drafters of the Constitution worked to protect the wealth and position of the oligarchs in the fledgling country. The CFPB as presently organized is working to correct this imbalance. A more modern and democratic interpretation of the revered document.

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