President Obama to flip-flop on recess appointment?

CNN is just now reporting that the President plans to recess appoint Richard Cordray to head the Consumer Financial Protection Bureau.  Such a recess appointment was previously assumed to be impossible, given that: the assumed minimum length of time is three days; and the Senate is deliberately meeting every two days in order to prevent recess appointments during that time period.  The Hill helpfully notes (via @RBPundit) that the three-day limit is actually from the Clinton era: they also note that Obama’s then Solicitor General noted the three-day rule during Supreme Court arguments (Politico gives the case as being New Process Steel, L.P. v National Labor Relations Board).  That his administration is now going to reverse themselves on this should come as a surprise to nobody; neither should it be a surprise that this administration apparently has absolutely no awareness whatsoever that their actions will have consequences that will make Democrats curse this White House for the next thirty years.

That’s pretty much it, except for one final note: ever hear of “unanimous consent,” Mr. President?  No?  Well, you will.

Moe Lane (crosspost)



  • Rob Crawford says:

    I’d rather he learn what “unanimous vote for conviction” means.
    It’s bad enough they killed the rule of law. Do they have to dance on its grave?

  • countrydoc says:

    All they have to do is run pro-forma sessions every day instead of every other day. This doesn’t seem that hard to figure out.

  • Aruges says:

    If Cordray is appointed in this manner, how soon and by whom will the court challenge come from?

    I wouldn’t hold out hope of the McConnell retaliating in any meaningful fashion. Obama wants the Senate R’s to shut down the Senate. Makes his strategy to run against a “Do Nothing” congress stronger. They will bluster and make some token gesture of fighting back, but they haven’t had much luck with sustained obstruction politically.

    If Obama is going to get slapped down on this, it’s going to have to come from the Supreme Court.

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