The Constitution vests the president with the power to fill vacant executive- and judicial-branch slots when the Senate is in recess. This power should not be undermined — indeed, nullified — through the use of ploys. To argue that phantom pro forma sessions render the Senate “open for business” is to defy common sense. The same holds true for the fiction created when lawmakers head out of town but decline to formally acknowledge an adjournment.
Republicans may well be correct that Mr. Obama is playing politics with these appointments. He announced the Cordray appointment during a stump speech in swing-state Ohio, where he railed against Republican obstructionism. His supporters in organized labor will no doubt be pleased that he filled the slots on the NLRB.
But so what? Both the consumer bureau and the labor relations board are agencies of the U.S. government, created by Congress, and it is inexcusable that congressional obstructionism would leave them unable to function.
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