President Obama will lose his authority to make a recess appointment of Richard Cordray to direct the Consumer Financial Protection Bureau unless Senate Majority Leader Harry Reid (D-Nev.) adjourns the Senate, which he may not.
A spokesperson for Senate Minority Leader Mitch McConnell (R-Kent.) said that Reid would likely keep the Senate in pro forma session over the holidays instead of an official adjournment, according to MortgageOrb.com.
Congress has not adjourned once this year and McConnell’s office doesn’t expect that to change.
During pro forma sessions, only a single Senator has to be present in order for the Senate to still officially be in session.
Even if Reid does adjourn his chamber, the Republican-controlled House is able to reject any resolution adjourning the congressional session.
A House Republican leadership aide said that the House has not adjourned for “quite a while” and does not believe they will this year, according to MortgageOrb.com.
Obama, angry with Republicans for blocking Cordray’s confirmation vote last week on the Senate floor, said he would not take any options for getting Cordray in the post off of the table.
“We are not giving up on this,” Obama said, according to ABCNews.com. “We are going to keep on going at it. We are not going to allow politics as usual on Capitol Hill to stand in the way of American consumers being protected by unscrupulous financial operators.”