Senate Reaches “Deal” on Nuclear Option

According to numerous reports, senators have reached a tentative deal, to be finalized Tuesday afternoon, to avert the showdown over confirming President Obama’s executive branch nominations.

With 71 Senators voting to invoke cloture on Richard Cordray to lead the Consumer Financial Protection Board (CFPB), “one of the most powerful – and least accountable – regulatory agencies in the government, the reports appear accurate.

Cordray’s initial appointment was an unconstitutional power grab by President Obama.  Heritage Action opposed the nomination of Cordray from the start (key vote), in part because “[b]y law, the CFPB has no regulatory authority until a director is confirmed.”  We added then and still maintain, “Conservatives must insist the Bureau be repealed, not empowered.”  This vote will empower the unaccountable CFPB.

In addition to moving forward on Cordray, sources say part of the deal is that the National Labor Relations Board (NLRB) can pick two new nominees and the other five nominees go forward.

Of course, Harry Reid’s antics and threats of going nuclear were all an effort to get his way and Mr. Obama’s way on nominations with which the GOP and conservatives have legitimate concerns.  And who is to say Reid will not deploy the exact same tactic in a couple weeks on judicial nominees, namely those on the DC Circuit?

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