Federal judicial selection

After meeting with Magistrate Judge Patty Shwartz, Sen. Robert Menendez (D-N.J.) announced that he will reverse course and support her nomination to the U.S. Court of Appeals for the Third Circuit. "Judge Shwartz satisfactorily answered questions covering important legal topics such as current law on the rights of corporations under the First Amendment, constitutional limits on Executive Branch power and the application of heightened standards of review under the Constitution," he said in a statement. Menendez had previously opposed her nomination and had not yet submitted the blue slip required to move the process forward.

Following a swearing-in ceremony for now-U.S. District Judge Robert D. Mariani, Middle District of Pennsylvania Chief Judge Yvette Kane called on her U.S. senators to fill several vacancies in the district as soon as possible, The Scranton Times Tribune reports. The state has six vacancies – but no nominees – because Sens. Bob Casey (D-Penn.) and Pat Toomey (R-Penn.) have not sent recommendations to President Obama. Casey said they are “working on it,” but worried that the Senate would not confirm any nominees, now that election season is under way.

Regarding President Obama’s four recent recess appointments, the Justice Department released a memo in which it advised that they are constitutional. In his press briefing, White House Press Secretary Jay Carney further supported the legality of the appointments, saying, “We believe our legal argument is very strong, will absolutely pass muster.” In retaliation for the appointments, Sen. Charles Grassley (R-Iowa) is threatening to halt pending nominations for Senate confirmation, Bloomberg News reports.

The Latest in “In the News”

• “U.S. Sen. Robert Menendez right to meet with blocked judge,” from The Star Ledger
• “Obama Nominees Cool Heels as Divided Senate Stalls on Confirmation Votes,” from Bloomberg News
• “Senate Republicans consider blocking future presidential nominations,” from Daily Kos

The Latest in “Recommended Readings”

• “Appointments Challenge Senate Role, Experts Say,” from The New York Times
• “President Obama’s Judicial Nominees: A Question of Qualifications,” from The Dallas Morning News
• “Senator should drop block of judicial nominee,” from The Washington Post

by Nicole Flatow

President Obama plans to appoint Richard Cordray today to lead the Consumer Financial Protection Bureau, flouting Republican attempts to block Cordray’s confirmation through procedural tactics.

The new consumer watchdog agency has been without a leader since it began operating in July, and it cannot perform several of its most central functions without a director. Senate Republicans have opposed Cordray’s nomination because they advocate fundamental change to the structure of the agency, not because they object to Cordray’s nomination.

“[W]e can’t wait for Republicans in the Senate to act,” White House Communications Director Dan Pfeiffer said in a statement today. “… Because of the President’s leadership and decisive action, the American people will have a consumer watchdog fighting tooth and nail on their behalf.  … Today’s announcement is a critical piece to strengthen the economy and restore the economic security for the middle class and those trying to reach it.”

Obama is installing Cordray through his constitutional power to make temporary appointments to vacant seats while Congress is out of session. Legislators had attempted to block Obama’s use of that power by holding “pro forma” sessions every few days throughout the winter break, purportedly preventing a formal “recess” from occurring.

But Pfeiffer called this effort by Senate Republicans a “gimmick” that does not “override the President’s constitutional authority to make appointments to keep the government running.”

“Legal experts agree,” he adds, pointing to a 2010 Washington Post op-ed by two lawyers who advised President George W. Bush on recess appointments. They wrote: