The Federal General Counsel, Law, and Our Democracy at a Crossroads

This speech, given by the general counsel of the Consumer Financial Protection Bureau (CFPB) on January 7, 2025, examines how federal government lawyers can help ensure that laws are faithfully administered to address the contemporary challenges facing American citizens. Despite the CFPB’s successes in protecting consumers from predatory financial practices—particularly amid the rapid digital transformation of the economy—undemocratic forces have increasingly rigged the legal system to serve as both sword and shield for the powerful. The speech describes how judge-made doctrines like “major questions” have been weaponized to disempower Congress from writing statutes with enduring relevance. These challenges represent an existential threat to democratic self-governance.