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Tag Archives: recess appointment

NEWS FLASH: Third Circuit agrees with D.C. Circuit reading of Recess Appointments Clause

By Barbara S. Mishkin on Posted in CFPB General

The dark cloud that has been hanging over CFPB Director Richard Cordray’s recess appointment just got darker.  In a 2-1 decision in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit ruled today that, under the U.S. Constitution’s Recess Appointments Clause (RAC), the President may only make recess… More >

NEWS FLASH: Government seeks Supreme Court review of D.C. Circuit’s Noel Canning decision

By Keith R. Fisher on Posted in CFPB People

A petition for certiorari seeking review of the D.C. Circuit’s January 2013 decision in Noel Canning vs. NLRB has been filed in the U.S. Supreme Court. That decision, which we have blogged about before, held that President Obama’s January 4, 2012 recess appointments of three members to the National Labor Relations Board were invalid under… More >

Third Circuit hears oral argument in another NLRB case challenging recess appointments

By Barbara S. Mishkin on Posted in CFPB General

“Can we duck the [recess appointments] issue?”  That question was asked yesterday by one of the members of the Third Circuit three-judge panel hearing oral argument on the National Labor Relation Board’s application to enforce its order in NLRB v. New Vista Nursing. New Vista, like the Noel Canning v. NLRB case decided in January… More >

DOJ fights back on recess appointments in Third Circuit

By Keith R. Fisher on Posted in CFPB General

Recently the Department of Justice filed a letter brief in a case pending in the U.S. Court of Appeals for the Third Circuit in the hopes of dissuading that court from following the D.C. Circuit’s recent Recess Appointments Clause (“RAC”) decision in Noel Canning v. NLRB.   The pending Third Circuit case, NLRB v. New Vista Nursing… More >

CFPB files another motion to dismiss in D.C. case challenging Cordray appointment

By Barbara S. Mishkin on Posted in CFPB General

Because it includes a challenge to Director Cordray’s appointment, we continue to follow the case filed this past June in federal court in Washington, D.C. by State National Bank of Big Spring against the CFPB, the Department of Treasury, Richard Cordray, and a number of other federal officials.  The original plaintiffs also included two non-profit… More >

Request filed to add more state AG plaintiffs in DC case challenging Director Cordray’s appointment

By Barbara S. Mishkin on Posted in CFPB General

Another case we have been following that includes a challenge to Director Cordray’s appointment is the case filed this past June in federal court in Washington, D.C. by State National Bank of Big Spring against the CFPB, the Department of Treasury, Richard Cordray, and a number of other federal officials.  The original plaintiffs also included… More >

Update on CA case challenging Mr. Cordray’s appointment

By Alan S. Kaplinsky on Posted in CFPB General

We have been following the case filed this past summer by the CFPB in a California federal court against an attorney and his law firm that offered mortgage assistance relief services to consumers.  In CFPB v. Chance Edward Gordon, the CFPB obtained a preliminary injunction freezing the law firm’s assets and appointing a receiver. The… More >

The political posturing continues….

By Alan S. Kaplinsky on Posted in CFPB People

President Obama’s renomination of Richard Cordray to serve as CFPB Director is now official.  On February 13, the White House announced that his nomination was sent to the Senate. The official announcement (predictably) coincided with a press release on the same day from Senator Elizabeth Warren stating that she, together with Democratic Senators Jack Reed… More >

Application to U.S. Supreme Court challenging NLRB recess appointments rejected by Justice Ginsburg; referral to Justice Scalia sought

By Barbara S. Mishkin on Posted in CFPB General

Attorneys for a Connecticut nursing home company are attempting to have an application challenging the constitutionality of President Obama’s recess appointments to the National Labor Relations Board referred to Justice Scalia after it was rejected yesterday by Justice Ginsburg, acting in her capacity as the Circuit Justice for the Second Circuit.  In HealthBridge Management v…. More >

Let the political posturing begin!

By Barbara S. Mishkin on Posted in CFPB People

Predictably, political posturing in reaction to the D.C. Circuit’s Canning decision has already begun. According to media reports, South Dakota Senator Tim Johnson, a Democrat who heads the Senate Banking Committee, is calling upon the Senate to confirm Richard Cordray as CFPB Director without delay.  On the other side of the aisle, Nebraska Senator Mike… More >

Keeping a stiff upper lip is no answer here!

By Alan S. Kaplinsky on Posted in CFPB People

While the CFPB has not yet issued a formal written statement about the impact of the D.C. Circuit’s recent opinion in Canning v. NLRB on the Bureau, the Wall Street Journal reported in its weekend edition that a CFPB spokesperson has said that the Bureau “is not a party in the case decided today and… More >

D.C. Circuit NLRB decision casts doubt on validity of Cordray appointment

By Barbara S. Mishkin on Posted in CFPB People

Five-time “Jeopardy!” champion Richard Cordray is now facing a different kind of jeopardy.   The validity of his recess appointment on January 4, 2012 as CFPB Director is under a dark cloud as a result of last Friday’s  decision by the U.S. Court of Appeals for the D.C. Circuit holding that the President’s contemporaneous recess appointments of… More >

Richard Cordray renominated as CFPB Director

By Alan S. Kaplinsky on Posted in CFPB People

Richard Cordray was renominated today by President Obama to serve as CFPB Director for a five-year term.  The President’s recess appointment of Mr. Cordray only allows him to serve as CFPB Director until the end of this year.  Instead of waiting until later this year to renominate Mr. Cordray, the President may have decided to… More >

CFPB moves to dismiss case challenging Director Cordray’s recess appointment

By Alan S. Kaplinsky on Posted in CFPB General

The CFPB has filed a motion to dismiss in State National Bank of Big Spring, Texas, et al. v. Geithner, et al., the case currently pending in federal district court in Washington, D.C. that includes a challenge to President Obama’s recess appointment of Director Cordray.   The case was originally filed in June 2012 by State National Bank of Big Spring,… More >

Update on cases challenging NLRB recess appointments

By Barbara S. Mishkin on Posted in CFPB General

We have previously written about a series of cases challenging President Obama’s recess appointments of three individuals to the National Labor Relations Board because of the potential implications of those cases on the validity of President’s recess appointment of Richard Cordray as CFPB Director. The cases involve challenges to the NLRB’s authority to take various… More >

Cordray Acknowledgment of Possible Invalidity of His Appointment is Much Ado About Nothing

By Keith R. Fisher on Posted in CFPB People

Recently a government watchdog organization known as Judicial Watch obtained, via a Freedom of Information Act request, a large number of documents about Richard Cordray, President Obama’s choice as Director of the CFPB. Among the more than 200 documents disclosed was an internal CFPB e-mail entitled “Weekly Message: and dated February 6, 2012, in which… More >

D.C. Federal Court avoids challenge to Obama’s NLRB recess appointments

By Keith R. Fisher on Posted in CFPB People

Until someone has standing to challenge President Obama’s recess appointment of Richard Cordray as Director of the Bureau, people with an interest in the issue have been following challenges to Obama’s three contemporaneous recess appointments to the NLRB. Last week, in the first of two cases making such a challenge, Judge Amy Berman Jackson avoided… More >

Recess appointments challenged in NLRB case in New York

By Christopher J. Willis on Posted in Hot Issues

Shortly after the President appointed Richard Cordray and several members of the NLRB through “recess” appointments, Alan Kaplinsky predicted on this blog that there would be litigation over the validity of the recess appointments first with regard to the NLRB, simply because it was likely to result in a “case or controversy” before anything involving… More >

DOJ’s apologia for Obama recess appointments

By Keith R. Fisher on Posted in CFPB People

Two days after President Obama’s January 4 recess appointments to the NLRB and the CFPB, DOJ’s Office of Legal Counsel (“OLC”) issued a 23-page opinion (not publicly released until January 12) on the legality of those appointments (the “Opinion”). Written against a backdrop of pro forma Senatorial sessions which began in 2007 in the Bush… More >

Justice Department oks recess appointments

By Barbara S. Mishkin on Posted in CFPB General

“The convening of periodic pro forma sessions in which no business is to be conducted does not have the legal effect of interrupting an intrasession recess otherwise long enough to qualify as a ‘Recess of the Senate’ under the Recess Appointments Clause.  In this context, the President therefore has discretion to conclude that the Senate… More >