The most influential labor organization in the country is pushing President Obama to appoint Elizabeth Warren to run the new Consumer Financial Protection Bureau during the next congressional recess.
“By refusing to make any appointment to lead the CFPB, Senate Republicans effectively have recused themselves from having any input into whom President Obama appoints,” reads an email alert to activists delivered Wednesday evening. “It’s a dereliction of their constitutional duty to “advise and consent” on the president’s nominees.”
Fortunately, President Obama can bypass these obstructionists by making a recess appointment.No matter who gets the recess appointment of President Obama, Republicans have made it clear they’ll scream and holler. This reflects a sorry state in our politics—but it’s also a historic opportunity to recess appoint Elizabeth Warren, who’s already shown as acting director of the CFPB that she’s a true champion for working families…. Urge President Obama to appoint Elizabeth Warren the next time Congress goes on recess.
The CFPB was created over Republican objections as part of the Wall Street reform law, to protect consumers from faulty or fraudulent financial products. Obama appointed Warren as an adviser to the Treasury department last year, to help stand up the bureau ahead of its official launch this coming July. That leaves him precious little time to get Warren, or any future director, confirmed by the Senate without either delaying the launch or calling into question the bureau’s legal authority to operate independently.
Liberal advocates have consequently pressured Obama to use his recess appointment power to give the job to Warren. Forty-four Senate Republicans have declared that they will block any candidate to run the bureau, unless Congress fundamentally undermines its regulatory power, leaving the administration little choice but to recess appoint somebody.
However, the administration has given no indication that Obama’s prepared to do this — at least not for Warren. Just Wednesday, sources told Bloomberg that former Capital One banker Raj Date was a leading candidate for the job.
There’s another wrinkle, though. GOP sources say Senate Republicans may prevent Obama from using his power to appoint anybody, by refusing to let the Senate recess in an orderly fashion. That could touch off a major showdown between the White House and Congress — particularly Senate Republicans — over the appropriate use of advise and consent powers.
Brian Beutler
Brian Beutler is TPM's senior congressional reporter. Since 2009, he's led coverage of health care reform, Wall Street reform, taxes, the GOP budget, the government shutdown fight, and the debt limit fight. He can be reached at brian@talkingpointsmemo.com.
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