Conservative
Type 40
Here's a good piece on the recent recess appointments by the President...
Cordray's Recess Appointment Sure Doesn't Look Constitutional To Me
Cordray's Recess Appointment Sure Doesn't Look Constitutional To Me
As someone who strongly supported a recess appointment for Richard Cordray to run the Consumer Financial Protection Bureau, I'm confused as to why President Obama chose to act today.
The trouble is that the Senate isn't in recess. For complicated reasons the Republicans have the ability to prevent the Senate from going into recess, and they have done so in order to maximize the difficulty of Obama making recess appointments. The White House maintains that keeping the Senate in pro forma session is a stupid gimmick, which is certainly true. It further maintains that because it is a stupid gimmick, that gives the president the right to act as though the Senate were in recess.
Maybe there's a stronger legal foundation to the president's decision that I don't know about. But based on what I've seen so far, I'm having trouble understanding how the recess appointment of Cordray can possibly withstand a legal challenge. And I'm really having trouble understanding why Obama didn't take advantage of his constitutional window yesterday, when the Senate was in-arguably in recess.
I'm beginning to think that if there were a more solid justification for Obama's action someone would have made it by now.