It was widely expected that President Obama might offer Richard
Cordray a recess appointment to become head of the Consumer
Financial Protection Bureau. Cordray’s nomination had been blocked
by Senate Republicans, who have also warned the president against
further recess appointments.
Talking Points Memo
reports that the president passed up on a chance to make
the appointment today.
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.
It is unclear whether Obama wants to avoid further recess
appointments or if he thinks he’ll get another opportunity.