The fallout over the D.C. Circuit Court of Appeals’ invalidation of recess appointments made by President Barack Obama continues to intensify. Now, Congressional Republicans are revisiting a once-lost battle that dates back to the creation of the Consumer Financial Protection Bureau and fighting to reconstitute it as a Senate-confirmed, five-member commission.
The D.C. court’s decision on Jan. 25, applied to recess appointments made to the National Labor Relations Board, striking them down as unconstitutional because Congress was still, technically, in session. Although not addressed by that decision, the recess appointment of CFPB Director Richard Cordray is also likely to be challenged.
