Venable partner Jonathan Pompan was quoted in a January 29, 2013 National Law Journal article on the U.S. Court of Appeals for the D.C. Circuit’s recent ruling that three of President Obama’s recess appointments to the National Labor Relations Board (NLRB) were unconstitutional. While not part of the court’s ruling, the director of the Consumer Financial Protection Bureau (CFPB), Richard Cordray, was also a recess appointment made at the time as the NLRB members.
When Cordray was originally nominated to direct the CFPB last year, Senate Republicans refused to consider his nomination unless the agency was restructured as a five-member commission subject to the congressional appropriation process. While not specifically addressing Cordray’s appointment, Pompan said the court’s decision “gives substantial leverage to Senate Republicans who are looking for any opportunity to push Democrats and the president” to restructure the CFPB.
When Cordray was originally nominated to direct the CFPB last year, Senate Republicans refused to consider his nomination unless the agency was restructured as a five-member commission subject to the congressional appropriation process. While not specifically addressing Cordray’s appointment, Pompan said the court’s decision “gives substantial leverage to Senate Republicans who are looking for any opportunity to push Democrats and the president” to restructure the CFPB.