Richard Cordray Cancer

Federal Courts Must Enforce Limits OnPresident's Appointment Powers “Judge Ellen Huvelle ruled in State National Bank of Big Springs v. Lew that Cordray, after finally receiving Senate confirmation, could simply wave a magic wand and retroactively approve all of his unauthorized acts. No one any longer contests that President Barack Obama acted in excess of his constitutional powers when, on January 4, 2012—a day on which the Senate was not in recess—he purported to grant a recess appointment to Richard Cordray to head the Consumer Financial Protection Bureau (CFPB). Yet, in a troubling decision issued last week, the U.S. District Court for the District of Columbia indicated that it was of no moment that for a period of 18 months Cordray, although no more than a private citizen, issued dozens of significant decisions in the name of CFPB. Judge Ellen Huvelle ruled in State National Bank of Big Springs v. Lew that Cordray, after finally receiving Senate confirmation, could simply wave a magic wand and retroactively approve all of his unauthorized acts. That decision eviscerates the Constitution’s explicit limitations on the President’s appointment powers and encourages future Presidents to disregard those limitations. The Appointments Clause Violation President Obama attempted to make several recess appointments on January 4, 2012, including Cordray’s as well as several appointments to fill vacant slots on the National Labor Relations Board (NLRB). The Supreme Court disapproved President Obama’s efforts in NLRB v. Noel Canning, ruling unanimously that the recess appointments were unauthorized because the Senate remained in session on that date. So what to do about official actions taken by the improperly appointed officials? NLRB and CFPB adopted diametrically opposed approaches. NLRB carefully reconsidered each of its actions taken while the recess-appointed members were purporting to serve on its five-member board, and ultimately issued new decisions. In sharp contrast, CFPB’s Cordray simply rubber-stamped every action he took during the 18 months (from January 2012 to July 2013) that he improperly exercised authority.  [FULL] Treatment for Obama metastasis?  Chemo may leave traces, so cut it out with a machete.