President Obama to flip-flop on recess appointment?

CNN is just now reporting that the President plans to recess appoint Richard Cordray to head the Consumer Financial Protection Bureau.  Such a recess appointment was previously assumed to be impossible, given that: the assumed minimum length of time is three days; and the Senate is deliberately meeting every two days in order to prevent recess appointments during that time period.  The Hill helpfully notes (via @RBPundit) that the three-day limit is actually from the Clinton era: they also note that Obama’s then Solicitor General noted the three-day rule during Supreme Court arguments (Politico gives the case as being New Process Steel, L.P. v National Labor Relations Board).  That his administration is now going to reverse themselves on this should come as a surprise to nobody; neither should it be a surprise that this administration apparently has absolutely no awareness whatsoever that their actions will have consequences that will make Democrats curse this White House for the next thirty years.

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That’s pretty much it, except for one final note: ever hear of “unanimous consent,” Mr. President?  No?  Well, you will.

Moe Lane (crosspost)

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