The Cordray and NLRB Recess Appointments
There are two legal/constitutional objections: First, that the president can’t make a recess appointment for a post that requires Senate confirmation if the Senate’s not in recess. Technically, it hasn’t been.
The second objection is that Cordray’s newly created post of director of the Consumer Financial Protection Bureau established under Dodd-Frank isn’t legally empowered until confirmed by the Senate.
I was looking for the actual statutory language, but Mike Konczal of Rortybomb is already there, and seems to have an airtight case that this is bigtime bogus.
In the meantime, he puts a few heads on the pike:
However there’s a dissent in the piece from Mark Calabria. That dissent is based on his post at Cato’s website, Obama’s Constitutional Gamble on Consumer Finance Nomination…
Daniel Foster links to it at National Review, and I’m sure the contagion is spreading far and wide.
After building a persuasive case with the actual statutory language, Konczal’s grand finale:
Is that enough to take down the zombie? Did we hit the brain, or just the jaw? I’m scared to go inspect the body….
Mr. Konczal seems pleased if not overpleased with his triumph here over ideological archfoils Cato and NRO. Still, we can’t deny him his victory lap. And he’s quite right about bum arguments getting all over the internet before the good ones get their shoes on.