Wednesday, January 04, 2012

Recess Appointment for Cordray: Unconstitutional?
> Senate Republican Leader Mitch McConnell Wednesday condemned President Obama’s decision to make a recess appointment of Richard Cordray as the first director of the Consumer Financial Protection Bureau, even as the Senate is not in recess.
>> “This recess appointment represents a sharp departure from a long-standing precedent that has limited the President to recess appointments only when the Senate is in a recess of 10 days or longer,” said Sen. McConnell, who in a speech on the Senate floor December 17 pleaded with the White House for cooperation on the stalled confirmation of presidential appointments.

> The Constitution gives the president the power to make appointments when the Senate is not in session and able to confirm them. Traditionally, that has been understood to mean when the Senate has adjourned for a recess longer than 10 days, and a Clinton administration legal opinion said a recess must be at least three days.
>> Mr. Obama’s own top constitutional lawyers affirmed that view in 2010 in another case involving recess appointments. Asked what the standard was for making recess appointments, then-Deputy Solicitor General Neal Katyal told the justices the administration agreed with the three-day rule.
>> “The recess appointment power can work in a recess. I think our office has opined the recess has to be longer than 3 days,” Mr. Katyal said.

Posted via email from The Blue Pelican

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