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Republicans and Democrats on the House Oversight Committee clashed Wednesday over whether the president violated the Constitution when he used recess appointments to fill top vacancies at the CFPB and National Labor Relations Board last month.
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Industry observers agree that the bureau's authority will be challenged in court, but it's unclear when and where the lawsuit will come from.
January 23
WASHINGTON — Senate Minority Leader Mitch McConnell and 38 other Republicans are pledging to file a court brief supporting any legal challenge to the recess appointment of Richard Cordray to the Consumer Financial Protection Bureau.
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"We intend jointly to file an amicus brief challenging the constitutionality of President Obama's appointments to the National Labor Relations Board and Consumer Financial Protection Bureau," the letter says.
The letter is signed by most Republicans in the Senate, including Banking Committee members Mike Crapo, Bob Corker, Jim DeMint, David Vitter, Mike Johanns, Pat Toomey, and Jerry Moran.
Sen. Richard Shelby, the top Republican on the panel and an outspoken opponent of the recess appointment, did not sign the letter but has not ruled out doing so.
A spokesman for the Alabama Republican said that the lawmaker will wait to see the details of the court case and the arguments involved before deciding whether to join.
To date, no one has challenged the Cordray selection in court, but the same is not true for the NLRB appointments. Lawyers for Flatbush Gardens apartment complex in Brooklyn
Although the Senate was technically not in recess, President Obama made the appointments on Jan. 4, arguing the "pro-forma" sessions where no business was conducted were not valid. The Justice Department
Senate Republicans are
"Despite the fact that you were indisputably the author of what became the routine use [of] pro forma sessions to prevent recess appointments…you have on multiple occasions publicly expressed your support for President Obama's efforts to bypass the Senate," says the letter, which was signed by 36 Senate Republicans. "It appears that you believe the importance of preserving [the] Senate's constitutional role in the nomination and appointment process varies depending on the political party of the President."