The Trump administration’s U.S. Justice Department wants to challenge the power of the Consumer Financial Protection Bureau, but is urging the U.S. Supreme Court to wait to take a case that would not require recently confirmed Justice Brett Kavanaugh to recuse.

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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