Document Type

Article

Publication Date

2-10-2017

Keywords

United States. Consumer Financial Protection Bureau, Neil Gorsuch, Originalism

Disciplines

Administrative Law | Constitutional Law | Consumer Protection Law

Abstract

U.S. Supreme Court nominee Judge Neil Gorsuch would have an outsized influence on federal consumer protection enforcement if he is confirmed. In particular, if PHH v. Consumer Financial Protection Bureau is appealed to the Supreme Court, a Justice Gorsuch is likely to vote to strongly curtail the independence of the Consumer Financial Protection Bureau and limit its enforcement powers. More generally, he will be a skeptic of agency action, one who will support greater judicial review of agency actions.

Comments

This article predates the author's affiliation with Cornell Law School.

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