Any nominee that President Trump would appoint to the Supreme Court would likely take a conservative view of the proper scope of the government's regulatory power. But one reported leading candidate, in particular, would be a threat to the existing Consumer Financial Protection Bureau, the agency designed by Sen. Elizabeth Warren, D-Mass., to regulate mortgages, credit cards, and other consumer products.

D.C. Circuit Court Judge Brett Kavanaugh has already ruled that the agency, as currently constituted, is unconstitutional. In a 2016 opinion, Kavanaugh wrote that the CFPB is a "gross departure from settled historical practice."

"I think that there is a reasonably good chance that the CFPB constitutionality question will eventually get to the Supreme Court," said Alan Kaplinsky, of the Consumer Financial Services Group at Ballard Spahr.

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