NLRB “Recess” Appointments as Insidious as Cordray Appointment

We know that President Obama’s recent “recess” appointments don’t pass the smell test, but the outrage has primarily been focused on his appointment of Richard Cordray to lead the Consumer Financial Protection Board (CFPB). While this is an egregious abuse of power, more scrutiny should be lent to the “recess” appointments of three members to serve on the National Labor Relations Board (NLRB).

This whole exercise begs the question: did President Obama appoint Cordray first in order to draw the ire of his critics, so that he could do his true bidding of appointing the members of the NLRB? For what it is worth, some observers think so:

“While much of the press attention focused on the President’s announcement of Cordray, little attention was paid to the NLRB nominees. There is some debate in the Capitol over whether Cordray’s announcement was in fact cover for the NLRB appointments. Unlike Cordray, the NLRB nominees were only sent to the Senate on December 15 – leaving the Senate no time to hold a hearing or consider the nominations prior to leaving for the holidays. However, the NLRB would not have had a quorum to approve new regulations and the President’s action gave it the necessary authority – at least until the first legal challenge.”

President Obama “recess” appointed two of these three members before the Senate even had a chance to review them for their positions. Two of the members never turned in the required paperwork to the Senate committee which handles the nominations. President Obama pre-empted the Senate by unilaterally deciding to not follow the Constitution.

Whether or not Senate Republicans would have “obstructed” the nominees doesn’t matter because the President had no right to appoint these members in this manner. In fact, doing so without any kind of vetting process required by the Constitution undermines the entire crux of President Obama’s Cordray appointment. But no one is picking up on that because appointing Richard Cordray seemed more outrageous due to the fact that the CFPB itself is under scrutiny.  Remember, within the new agency, Mr. Cordray will become a “super bureaucrat” because of its unchecked regulatory powers.

We cannot let up the pressure on the Cordray appointment, but we cannot let the NLRB appointees to take a backseat, either. This could be an olive branch to labor unions, since recently President Obama has been shunning them in favor of environmentalists. No matter what the reason, Americans should be weary of a President who acts with complete disregard to our Constitution.

Learn More About these Insidious Nominations

CEO Michael Needham’s statement on the nomination.

Why the Cordray nomination was a clear abuse of power.

The Heritage Foundation’s Morning Bell outlines Obama’s Arrogant Authoritarianism.

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