By the time the Senate went home for its month-long holiday in before Christmas, Republicans had made it clear they would continue to obstruct the nominations process so as to cripple both the Consumer Financial Protection Bureau and the National Labor Relations Board. Rather than meekly accept this threat to American consumers and workers, President Obama made several recess appointments, most notably of Richard Cordray, to allow those bodies to function.
As partisan political retaliation, Utah Sen. Mike Lee has claimed the mantle of the Constitution and threatened to escalate his party’s sabotage of the judicial nominations process, a threat the president himself condemned over the weekend. In a Huffington Post piece today, the Constitutional Accountability Center’s Doug Kendall takes Sen. Lee to task.
[I]t is Senator Lee who is most clearly violating the letter and spirit of the Constitution and playing partisan games. Senator Lee made it absolutely clear that he would not comply with his constitutionally-mandated responsibility to give his "advice and consent" on the Cordray nomination. In an official Senate release in December, he stated that he had no objection to Richard Cordray himself, but that he felt it was his "duty to oppose his confirmation as part of [his] opposition to the creation of CFPB itself."
Actually, according to the Constitution, it’s Senator Lee’s duty to vote "no" on legislation he opposes, such as the law that set up the CFPB, and to provide "advice and consent" on the president’s nominees, judicial or otherwise. Senator Lee’s statement is an abdication of his constitutional duty, and it is that hard-line position taken by the President’s opponents, coupled with the trick of "pro-forma" Senate sessions designed specifically to prevent the President from exercising his constitutional authority to make recess appointments, that led to President Obama’s action on the Cordray appointment.
Kendall’s piece is worth reading in its entirety, as it points out many of the hypocritical and misleading ways that Mike Lee waves the Constitution as a weapon to achieve his partisan and ideological ends.