[zonethundery]

> (its structure was declared unconstitutional by the D.C. court of appeals)

...which was promptly vacated by the full Circuit and is awaiting an en banc decision. Kavanaugh's opinion wasn't exactly a masterpiece of juris prudence, and there are ways for the full circuit (and scotus if necessary) to make a decision on the issues without touching the constitutional questions.

As another comment notes, the CFPB was required by law to study arbitration and encouraged to issue a rule in line with those findings. The arbitration rule was far from an overreach.