As a survivor of sexual assault, I watched the Kavanaugh confirmation hearings in horror. But as a consumer who dealt with shady debt collectors because I struggled to pay medical debt, I’m worried about what Justice Kavanaugh will do next.
The Supreme Court will soon hear a case that threatens the existence of the Consumer Financial Protection Bureau, an independent consumer watchdog championed by Elizabeth Warren and established as part of the Dodd-Frank Act.
Along with our allies at Demand Justice and Revolving Door Project, Demand Progress is calling on Justice Kavanaugh to recuse himself from the case because he previously ruled on the underlying legal question, making it clear he is not impartial.1
The Consumer Financial Protection Bureau protects us from scams and predatory lenders.2 We can’t let its existence be threatened by a man who faced 83 ethics complaints.3
If we're going to win, we need to make this a big issue in the media, so we need as many Demand Progress members as possible to take action.
Tell Justice Kavanaugh: Recuse yourself from the consumer protection case brought by a predatory payday lender.
The Consumer Financial Protection Bureau under the Obama administration safeguarded consumers from corporate greed.
Back then, the agency won important victories for consumers.
Under the Obama administration, the Consumer Financial Protection Bureau got predatory credit card companies to refund billions of dollars they had deceptively cheated out of consumers and secured student debt forgiveness from for-profit colleges.4
But Trump has worked hard to gut the protections of the agency and have it protect corporations over consumers.5
Now, a payday lender has brought a legal case, Seila Law LLC v. Consumer Financial Protection Bureau, that threatens the existence of the Consumer Financial Protection Bureau -- and Justice Kavanaugh is poised to help the payday lender win.
We call on Justice Kavanaugh to recuse himself from hearing a case on which he has already made up his mind.
The law clearly states that judges should recuse themselves when their impartiality might reasonably be questioned.6
Brett Kavanaugh has already ruled on the underlying legal question in this case.7,8 He cannot plausibly claim to be open to arguments from both sides.
With enough pressure from Demand Progress members like you, we can blow up this case in the media to pressure Kavanaugh to recuse himself.
Tell Justice Kavanaugh: Recuse yourself from the consumer protection case brought by a predatory payday lender, Seila Law LLC v. Consumer Financial Protection Bureau.
Sources:
1. CNBC, "Progressive groups demand that Brett Kavanaugh recuse himself from Supreme Court case over financial regulator," December 17th, 2019.
2. The White House Under President Barack Obama, "Consumer Financial Protection Bureau 101: Why We Need a Consumer Watchdog," January 4th, 2012.
3. CNN, "Judicial conduct panel dismisses ethics complaints against Brett Kavanaugh," August 2nd, 2019.
4. Los Angeles Times, "Consumer bureau chalks up victories," September 18th, 2015.
5. The New Yorker, "The Steady, Alarming Destruction of the Consumer Financial Protection Bureau," February 7th, 2018.
6. Legal Information Institute, "28 U.S. Code § 455.Disqualification of justice, judge, or magistrate judge," Accessed December 23rd, 2019.
7. United States Court of Appeals for the District of Columbia Circuit, "PHH Corp. v. Consumer Financial Protection Bureau," October 11th, 2016.
8. United States Court of Appeals for the District of Columbia Circuit, "PHH Corp. v. Consumer Financial Protection Bureau," January 31st, 2018.