As the Senate prepares for what should be a contentious confirmation hearing for President Trump’s nominee to head the powerful Bureau of Consumer Financial Protection (formerly known as the Consumer Financial Protection Bureau), a federal judge in New York just ruled that the BCFP’s unchecked power violates the Constitution.

The BCFP “lacks authority to bring claims” because of the lack of constitutional checks on its director, ruled Loretta Preska, a respected senior judge and former Chief Judge of the U.S. District Court for the Southern District of New York, on June 21.