By many measures, Mick Mulvaney is one of the most powerful bureaucrats in the country.

Mulvaney said he is used to working long hours, having spent his earlier professional life running his family’s small businesses. He has said he would spend three days a week at the CFPB and three days at OMB. A federal judge this week said he did not see a problem with the arrangement but acknowledged that the case raises constitutional questions that must be settled.

“I think the judge felt that these are two different jobs and there is no evidence yet that somehow the two positions are getting merged together or that he [Mulvaney] is not treating them as separate jobs,” said Alan Kaplinsky, head of the consumer financial services group for the law firm Ballard Spahr, which represents financial companies before the CFPB.

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