The Spectacle Blog

No Recess Appointment for Cordray (Yet)

By on 1.3.12 | 3:01PM

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.

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