A voter who could be key to Elizabeth Warren’s 2020 hopes? Justice Brett Kavanaugh

Sen. Elizabeth Warren’s political origin story is inextricably tied to the Consumer Financial Protection Bureau, a regulatory agency the presidential contender envisioned while an influential professor at Harvard Law School. But Justice Brett Kavanaugh, who until October was a federal appeals court judge in Washington, made his views clear before his confirmation. Read more: Supreme Court could cripple consumer finance watchdog if agency critic Brett Kavanaugh is confirmedIn his first term on th


Sen. Elizabeth Warren’s political origin story is inextricably tied to the Consumer Financial Protection Bureau, a regulatory agency the presidential contender envisioned while an influential professor at Harvard Law School. But Justice Brett Kavanaugh, who until October was a federal appeals court judge in Washington, made his views clear before his confirmation. Read more: Supreme Court could cripple consumer finance watchdog if agency critic Brett Kavanaugh is confirmedIn his first term on th
A voter who could be key to Elizabeth Warren’s 2020 hopes? Justice Brett Kavanaugh Cached Page below :
Company: cnbc, Activity: cnbc, Date: 2019-08-18  Authors: tucker higgins
Keywords: news, cnbc, companies, kavanaugh, key, warren, voter, 2020, agency, warrens, court, sen, brett, presidential, wealth, tax, justice, elizabeth, supreme, hopes


A voter who could be key to Elizabeth Warren's 2020 hopes? Justice Brett Kavanaugh

Sen. Elizabeth Warren’s political origin story is inextricably tied to the Consumer Financial Protection Bureau, a regulatory agency the presidential contender envisioned while an influential professor at Harvard Law School.

In the brief biography included on her campaign’s Twitter account, Warren boasts that she is the “mom” of the agency. In Iowa, a staffer recently got the CFPB’s initials tattooed on her bottom lip.

But the fate of the Obama-era regulatory agency is now in the hands of a skeptical Supreme Court, which is weighing whether to take up a case that would allow it to rule on the constitutionality of the agency’s structure. The court is being asked to declare the CFPB — and all of its actions to date — unlawful.

The top court has not yet considered the matter. But Justice Brett Kavanaugh, who until October was a federal appeals court judge in Washington, made his views clear before his confirmation.

“The CFPB’s departure from historical practice, threat to individual liberty, and diminution of Presidential authority combine to make this an overwhelming case of unconstitutionality,” Kavanaugh wrote in a dissent in 2018. A little more than a year before, Kavanaugh authored an opinion, later overruled, striking down the agency.

Read more: Supreme Court could cripple consumer finance watchdog if agency critic Brett Kavanaugh is confirmed

In his first term on the bench, Kavanaugh has proven to be near the court’s ideological center.

If he and the court’s four other Republican-appointed justices put Warren’s signature accomplishment in the dust bin, the decision could dent the Massachusetts Democrat’s argument that she is the best presidential candidate to accomplish “big, structural change” while in office.

And it could focus attention on questions about the constitutionality of another Warren pledge, a federal wealth tax on the ultra-rich, which Warren says will raise the funds to pay for other key parts of her agenda. Those who advised Warren on the wealth tax plan have said they are uncertain about whether the top court will approve it.

The case is another instance in which the Supreme Court, with a newly reliable conservative majority, could hamper Democratic political goals. In the wake of Kavanaugh’s confirmation last year, liberal activists have pressured Democrats to reform the court, which they have argued has grown politicized.

Warren herself has indicated that she is open to expanding the size of the nine-member panel, drawing a contrast between herself and fellow progressive Sen. Bernie Sanders of Vermont, who has ruled out the idea.

Read more: The Supreme Court could stop Elizabeth Warren’s wealth tax dead in its tracks

In a sign of the rising political profile of the top court, a number of Democratic senators, including presidential contender Sen. Kirsten Gillibrand, filed an unusual brief with the justices this week telling them to “heal” or face the prospect of getting “restructured.”

The Warren campaign did not respond to multiple requests for comment. Warren has previously defended the constitutionality of the CFPB, and said that other government agencies, such as the Comptroller of the Currency, have similar structures.

The CFPB said in 2017 it had returned $12 billion in financial relief to consumers since it was created seven years earlier in the wake of the financial crisis. The Trump administration has severely curtailed its enforcement actions.


Company: cnbc, Activity: cnbc, Date: 2019-08-18  Authors: tucker higgins
Keywords: news, cnbc, companies, kavanaugh, key, warren, voter, 2020, agency, warrens, court, sen, brett, presidential, wealth, tax, justice, elizabeth, supreme, hopes


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