Gorsuch, CFPB and Future of the Administrative State

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, 839 F.3d 1 (D.C. Cir. 2016), 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.

Keywords: Dodd-Frank, CFPB, Consumer Financial Protection Bureau, consumer protection, administrative law, separation of powers, agency action, Chevron, Chevron deference, Gorsuch, administrative state, checks and balances, PHH, RESPA, Real Estate Settlement Procedures Act, Humphrey’s Executor