The legal challenge has not stymied criticism among liberal lawmakers, who say the curbs are needed to lower fuel costs for Americans already suffering from a sluggish economy.
In March, a group of senate Democrats, including Sanders, wrote Gensler a letter asking him to put the curbs into effect immediately. Later that month, the Vermont lawmaker introduced a bill to force the CFTC to use its emergency powers to impose the curbs swiftly.
Reuters has reported that the agency conducted a legal analysis that suggested the agency's emergency authorities would not immediately permit it to impose position limits.
GENSLER'S TERM
Gensler was sworn in 2009 despite fears among some lawmakers who were skeptical the former Goldman Sachs executive could fairly regulate the same markets he once worked in.
Sanders and Senate Democrat Maria Cantwell both objected to Gensler's nomination, fearing he would not be tough enough on swaps regulation.
While Gensler worked as a top official at the U.S. Treasury, he participated in talks over legislation that deregulated swaps and relaxed barriers between commercial and investment banks.
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