The U.S. Supreme Court should reject a small Texas bank’s bid to challenge the Consumer Financial Protection Bureau’s constitutionality because Justice Brett Kavanaugh would be sidelined from the case, the Trump administration said.
The lawsuit by State National Bank of Big Spring, Texas, is not the right vehicle to take up the CFPB’s constitutionality because Kavanaugh, who said the bank had standing to sue over the CFPB’s constitutionality in a 2015 opinion as an appellate court judge. Thus Kavanaugh could take no part in this hearing.
However, there are many instances when Justices have to recuse themselves, so this is not unusual.
In State National Bank of Big Spring v. Mnuchin, the Justice Department said this week that it agrees with the bank’s argument that the restriction on the president’s power to remove the bureau’s director violates the Constitution’s separation of powers.