“[I]t is the sense of the House of Representatives that the president exercised the recess appointment power despite the fact that neither the House of Representatives nor the Senate have been adjourned for a period in excess of three days during the Second Session of the 112th Congress,” the resolution said, according to The Hill.
H. Res. 604 says that the U.S. House met on Jan. 3 and Jan. 6 but never agreed to recess. The resolution goes on to say that the president made four recess appointments on Jan. 4, installing Richard Cordray as the director of the Consumer Financial Protection Bureau and three other individuals to the National Labor Relations Board.
Issa said in a February hearing that the recess appointments led the executive branch and Congress into “uncharted territory, because at the time of the appointment, the Senate was holding a series of ‘pro forma’ sessions,” The Hill reports.
Issa added that, given the circumstances and allegations surrounding the appointments, both the CFPB and NLRB’s actions could be challenged based on what could be classified as unlawful installment of their staff and board.