Obama Admin Going Back To Court Over Recess Appointments

By: Tuesday January 29, 2013 5:55 am

What started as an esoteric dispute over whether a Senate “pro forma” session can technically be considered “recess” morphed into a larger question of executive power when a federal appeals court rejected the Obama Administration’s recess appointments to the National Labor Relations Board. But the court went beyond the narrow dispute over pro forma sessions [...]

CFPB Sued Over Recess Appointment Issue

By: Friday June 22, 2012 1:43 pm

I’ve been expecting a lawsuit somewhere down the road related to the President’s recess appointments from late last year. At some point, either the Consumer Financial Protection Bureau or the National Labor Relations Board were bound to issue a ruling that the subjects affected didn’t like, and they would resort to claiming that the recess [...]

Republican NLRB Member Resigns in Ethics Controversy

By: Monday May 28, 2012 7:44 am

Terence Flynn, a Republican member of the National Labor Relations Board, who leaked documents to Republican confidants according to that agency’s inspector general, resigned on Sunday. Flynn’s resignation becomes effective July 24. Flynn had only been on the board since January, as a recess appointment of the President, along with two Democrats, giving the board [...]

Holdup of New Union Election Rules a Consequence of Punting on EFCA

By: Tuesday May 15, 2012 10:55 am

The failure to pass better rules for forming labor unions during the 2009-2010 period has now shown its full costs. Yesterday, a federal appeals court blocked the more modest union election rules approved by the National Labor Relations Board, on the grounds that the NLRB did not have a quorum when it approved the rules. [...]

McHenry Plans to Embarrass Himself Again With CFPB Hearing

By: Thursday January 12, 2012 11:33 am

The last time Patrick McHenry, the Billy Zabka of the House Republican caucus, held a hearing with a member of the Consumer Financial Protection Bureau, it didn’t turn out too well. He called Elizabeth Warren a liar and generally tried to bully her, and received quite a backlash in the process. So we’ll get a [...]

Senate Republicans Considering Lawsuit Over Recess Appointments

By: Thursday January 12, 2012 9:35 am

The House Republican position on President Obama’s recess appointments is hard to even express without laughing. GOP Congressmembers are actually saying that they oppose the appointments because Congress is not in recess – and as soon as they finish their vacation and get back to Washington, they’ll have something to say about that. I’ve heard [...]

Thomas Perrelli, DoJ Point Person on Foreclosure Fraud Settlement, Stepping Down by March

By: Thursday January 12, 2012 6:17 am

I keep hearing from everyone “in the know” that these foreclosure fraud settlement talks are just about wrapped up. Surely everyone’s just practicing their signatures for the big signing ceremony, right? Except that there hasn’t really been any news on the settlement for a few weeks. And now the number 3 at the Justice Department, [...]

California House Dems Call for Recess Appointment at FHFA

By: Wednesday January 11, 2012 7:00 am

Brian Beutler writes that President Obama will likely have to make more recess appointments if he wants to staff key positions, including the newly-created vacancy at the Office of Management and Budget, as Jack Lew has become White House Chief of Staff. The assumption here is that Republicans will react to recess appointments at the [...]

Obama Recess-Appointing Only in Dire Circumstances

By: Thursday January 5, 2012 6:55 am

I think we have found the unifying thread on the President’s recess appointments yesterday. He did not decide to make appointments on key financial regulatory positions, like OCC or FDIC or the Federal Reserve, and some worry that those nominees will now get blocked from confirmation as a result, though they are seen as uncontroversial. [...]

NLRB Nominees to Get Recess Appointments Too

By: Wednesday January 4, 2012 12:29 pm

White House Communications Director Dan Pfeiffer put out his rationale for the recess appointment of Richard Cordray, including some of the legal reasoning. Here are the facts: The Constitution gives the President the authority to make temporary recess appointments to fill vacant positions when the Senate is in recess, a power all recent Presidents have [...]

Cordray Appointment a Function of Massive Obstructionism by Senate GOP

By: Wednesday January 4, 2012 8:15 am

As mentioned earlier, the President will make a recess appointment today for Richard Cordray to run the Consumer Financial Protection Bureau, opening up the bureau to regulate non-bank financial institutions and giving the new agency its first leader. This is a bold move by the President, and to put it in context, it’s important to [...]

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