
This post was updated at 1:21 p.m. to reflect comment from House GOP Leadership.
President Obama's recess appointment of Consumer Financial Protection Bureau director Richard Cordray could create another internal headache for Republican leaders in the House, many of whose members want to pick a public fight with Democrats over the controversy.
Scores of House Republicans have signed on to a non-binding resolution disapproving of Obama's four winter recess appointments -- Cordray, and three members of the National Labor Relations Board -- all fodder for conservatives, who are furious about the existence of these agencies, let alone the recess appointments themselves.
"It's astounding to me that the president is claiming these are recess appointments and within his authority, when Congress was not in fact in recess," said Rep. Diane Black (R-TN) who authored the resolution. "These appointments are an affront to the Constitution. No matter how you look at this, it doesn't pass the smell test. I hope the House considers my resolution as soon as we return to Washington so we can send a message to President Obama."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Despite making several key, contentious recess appointments since Congress left town, the Obama administration is still operating with scores of vacancies, including an unexpected hole at the top of the Office of Management and Budget.
But their options for filing those vacancies are likely limited, unless President Obama is willing to dial his use of the recess appointment power up even further.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)
The freshly recess-appointed head of the Consumer Financial Protection Bureau dismissed concerns about the legitimacy of his recess appointment, and says he'll discharge his duties as the nation's top consumer watchdog as if he'd landed in the director's chair in a less contentious way.
"I have been appointed as the director of the Bureau," Cordray said at a Brookings Institute event Thursday. "It's a valid appointment. But I will leave those details to others."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Today was the day that legal experts and many aides in both parties thought President Obama would provide a recess appointment to Richard Cordray, his nominee to administer the new Consumer Financial Protection Bureau.
The rationale is quite technical, but here's the bottom line: one reading of the Constitution and of executive branch administrative law suggest that today is Obama's last day to recess appoint any of his languishing nominees, at least until the next time the Senate leaves town several weeks from now.
But a senior administration official who would not be quoted told reporters at a White House background briefing Tuesday that Obama will not take advantage of that opening.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)
