Brett Kavanaugh, nominated to the U.S. Supreme Court on Monday, has served as D.C. Circuit judge since 2006. Here’s a look at a handful of his more notable rulings that will come into sharp focus now.
➤➤ PHH v. CFPB (2017), striking down the single-director structure of the Consumer Financial Protection Bureau. Kavanaugh wrote: “The CFPB’s concentration of enormous executive power in a single, unaccountable, unchecked director not only departs from settled historical practice, but also poses a far greater risk of arbitrary decisionmaking and abuse of power, and a far greater threat to individual liberty, than does a multi-member independent agency.” He added: “Because the CFPB is an independent agency headed by a single director and not by a multi-member commission, the director of the CFPB possesses more unilateral authority—that is, authority to take action on one’s own, subject to no check—than any single commissioner or board member in any other independent agency in the U.S. government.” The case died in the D.C. Circuit, but a related case is unfolding in the Fifth Circuit.
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