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Had he appointed Cordray yesterday, during a brief period when the Senate was technically in recess, the action would have been supported by precedent. Apparently, though, that appointment would have lasted only through 2012. By appointing Cordray today, Obama can keep him at CFPB through 2013.
The trouble is that the Senate isn't in recess. For complicated reasons the Republicans have the ability to prevent the Senate from going into recess, and they have done so in order to maximize the difficulty of Obama making recess appointments. The White House maintains that keeping the Senate in pro forma session is a stupid gimmick, which is certainly true. It further maintains that because it is a stupid gimmick, that gives the president the right to act as though the Senate were in recess. That's the part I have trouble following.
Awful. Politico has a story about how the fightin' fightin' nutroots are TOTALLY PSYCHED over this.
But of course they are. They are intemperate juveniles who only care about doing endzone dances against the right.
Perhaps Politico should add that perspective.
You know, Politico, if the next Republican president did something brazenly unconstitutional, we on the right would not have a party in the Smooshroom* just because we got to jump around like monkeys saying "In you face, liberals!" We'd be concerned.
* The "Smooshroom" is from Jersey Shore, and I think maybe it's some kind of sex room. I don't watch Jersey Shore. I only know this reference from Beavis and Butthead, which is better than it was in the 90s.