As noted above, the WH feels it has the power to confirm Richard Cordray to the CFPB and thus overcome partisan objections. This is going to turn into a big fight because the precedent will be set.
The announcement for Cordray to the CFPB will be coming on Wednesday in Ohio (Cordray's Hometown)
WH Believes It Has Power to Confirm Cordray
White House attorneys have concluded they have the legal authority to make a recess appointment despite Republican efforts to block the move, Democrats said Tuesday, and administration officials say they reserve the option to install Richard Cordray as head of the new Consumer Financial Protection Bureau without Senate approval.
President Barack Obama and Consumer Financial Protection Bureau nominee Richard Cordray at the White House on July 18, 2011. (AP Photo/Manuel Balce Ceneta)
Some expect that appointment to come as early as Wednesday, when President Barack Obama goes to Mr. Cordray’s home state of Ohio to talk about the economy. He’ll be at Shaker Heights High School outside Cleveland.
Get ready for a big fight on this. The precedent for recess' will likely be changed by this and this will allow future presidents the ability to recess their appointments. Even though I'm hesitant for a GOP President to use this same power, at this point, I believe that the confirmation process has been broken as the GOP has attempted to essentially nullify existing law by not confirming a director to the CFPB without changes to the law.
That said, Good for President Obama to finally use this power. Let's not let the nullifiers win.