Laws In Texas

Texas Bank’s CFPB Challenge would Recuse Supreme Justice says Dept Of Justice

The lawsuit by State National Bank of Big Spring, Texas, is not the right vehicle to take up the CFPB’s constitutionality because Kavanaugh 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.

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.

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Credit: Bloomberg Law LP
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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