Sen. Ben Sasse is leading a group of nine Republican senators who served notice this week that they would attempt to invalidate any new rule issued by the Consumer Financial Protection Bureau if its embattled deputy director ultimately succeeds in her efforts to be recognized as the agency's acting director.
A U.S. District Court judge ruled earlier this week in favor of Mick Mulvaney, who was named by President Donald Trump to be acting director of the agency after Richard Cordray left the post.
Supporters of the legislation that created the bureau have pointed to language in the law stating the deputy director shall become the acting director in the absence of the director.
Leandra English, the deputy, has argued that she is the legally valid acting director now.
Sasse referred to English as a "rogue employee (who) is trying to follow former CFPB Director Cordray's example and run the agency as an unaccountable fourth branch of government."
Sasse said he and the other eight senators who signed on to his effort would "support legislative efforts to invalidate any new rules finalized by the agency during this employee's service" if she succeeds in her legal challenge.
In a letter to Mulvaney, the senators said they also would "fight to ensure that Congress defunds the CFPB until this employee has relinquished control of the CFPB."
"This court is not the final stop," English's attorney, Deepak Gupta, said following the judicial ruling this week.
"This judge does not have the final word on what happens in this controversy, and I think he understands that."