(CNBC) -- Several progressive organizations demanded Tuesday that Justice Brett Kavanaugh recuse himself from an upcoming Supreme Court case over the constitutionality of the Consumer Financial Protection Bureau, the post-crisis financial regulator, because he declared the bureau’s structure unconstitutional while he was a federal appeals court judge in Washington.
The groups argued that Kavanaugh will not be able to rule impartially in the case, Seila Law v. CFPB, because he has already gone on the record with his views in a case that presented a nearly identical legal question. Kavanaugh wrote that the CFPB’s single-director structure was unconstitutional in a 2016 opinion and a 2018 dissent.
“We call on Justice Kavanaugh to recuse himself from hearing a case on which he has already made up his mind,” the groups — Demand Justice, Demand Progress Education Fund, the Revolving Door Project and Allied Progress — wrote in a statement.
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