I have no inside information about CFPB director-nominee Brian Johnson’s prospects for confirmation, but unless at least one Republican senator on the Senate Banking Committee votes against his confirmation, he will move to a vote by the entire Senate even if every Committee Democrat votes against him. Two Republican members of the Committee–Senators Tillis and Kennedy–occasionally depart from the party line but I have not heard anything that leads me to believe they will oppose Johnson’s confirmation. Consequently, I fully expect Johnson to be confirmed. So if consumer advocates can’t block Johnson’s confirmation, what can they get out of the hearing? One possibility is to draw attention to the damage Acting CFPB Director Vought has done to the CFPB and consumers more generally, and much of what Democrats say will surely be about that. Last week’s hearings with Vought spent a lot of time on just that and no doubt there’s some value in reviewing again what Vought has done, but the hearing can also be used for another purpose: extracting commitments from Johnson and information about how he will lead the CFPB. Will he commit to fair lending enforcement? And not just combatting the debanking of conservatives? What kind of commitments will he make concerning enforcement and supervision? The CFPB under Vought announced an ambitious agenda of work on regulations. Will Johnson stick to that agenda? What other regs, if any, does he want to issue or amend during his tenure? What changes does he want to see in the regs on Vought’s agenda? Does he see former Director Kraninger, to whom he reported at the CFPB, as his model for a director or does he have a different model? Will he use the CFPB’s unfairness and abusiveness powers? Can he give an example of what he considers abusiveness? And so on.

