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Senate Republicans, in their zeal to prevent the new Consumer Financial Protection Agency from ever getting off the ground, have said that they won't confirm anybody to be the agency's director unless Democrats and the Obama administration agree to changes that would deal a body blow to the CFPB's ability to protect consumers. The Republican members of the Senate Banking Committee — led by ranking member Richard Shelby (R-AL) — all voted against former Ohio Attorney General Richard Cordry's nomination to head the agency.

The Constitution, of course, provides the president with a way to handle this sort of obstruction: the recess appointment power. But Shelby, in an interview with the conservative Heritage Foundation, said that Obama using this constitutionally sanctioned power to give the CFPB a director would be "devastating":

Q: Will Senate Republicans block his ability, President Obama's ability, to make a recess appointment in this case?

SHELBY: That would be up to the leadership, Sen. McConnell will make that call with the caucus. I would hope they would. We have thus far, and I hope we will in the future.
I think it would be devastating if we let [Obama] make a recess appointment, but that's the call of the leadership.

Edited by DFH
 

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