Tags: brett kavanaugh | supreme court case | consumer financial protection bureau

Liberal Groups Ask Kavanaugh to Recuse Himself From CFPB Case

supreme court justice brett kavanaugh is shown in his black robe.
(J. Scott Applewhite/AP)

By    |   Tuesday, 17 December 2019 03:55 PM

Multiple progressive groups are calling on Supreme Court Associate Justice Brett Kavanaugh to recuse himself from a case that will soon come before the court involving the constitutionality of the Consumer Financial Protection Bureau, which the judge has criticized in the past.

The groups, Demand Justice, Demand Progress Education Fund, the Revolving Door Project and Allied Progress, said in a statement on Tuesday that Kavanaugh cannot remain impartial because he previously outlined his views on an almost identical case when he was a federal appeals court judge. He claimed in a 2016 opinion and in a 2018 dissent that the agency’s single-director setup was unconstitutional.

“We call on Justice Kavanaugh to recuse himself from hearing a case on which he has already made up his mind,” the groups wrote, according to CNBC.

“The law clearly states that judges should recuse themselves when their impartiality might reasonably be questioned. Brett Kavanaugh already has ruled on the underlying legal question in this case. He cannot plausibly claim to be open to arguments from both sides,” they add.

The upcoming case, Seila Law v. CFPB, is set for arguments to begin in early March. Kavanaugh previously wrote in an opinion in the case of PHH Corp. v. CFPB that the “concentration of massive, unchecked power in a single Director marks a dramatic departure from settled historical practice and makes the CFPB unique among independent agencies.”

The decision was overturned by the full court two years later.

“In PHH, Kavanaugh offered a more than 70 page long dissent which he told the Senate constituted one of the most ‘significant constitutional opinions’ of his judicial career,” the groups wrote. “Kavanaugh’s personal reputational interest in seeing that bitter dissent against a bipartisan majority be vindicated by the Supreme Court is considerable.”

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Multiple progressive groups are calling on Supreme Court Associate Justice Brett Kavanaugh to recuse himself from a case that will soon come before the court involving the constitutionality of the Consumer Financial Protection Bureau.
brett kavanaugh, supreme court case, consumer financial protection bureau
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2019-55-17
Tuesday, 17 December 2019 03:55 PM
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