Obama Set to Make Yet More Recess Appointments

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Apparently President Obama has decided to make three recess appointments to the NLRB in addition to his recess appointment of Richard Cordray to the CFPB. Matt O’Brien tweets:

I’ll ask again: if Obama will recess appoint CFPB and NLRB positions, why not also Federal Reserve seats?….CFPB and NLRB draw contrasts with the GOP in a way Obama likes, but the Fed could actually, you know, improve the economy.

Two things. First, I’ll bet that Obama doesn’t think additional Fed appointments would actually change Fed policy that much. So he doesn’t think there’s a lot of urgency there.

Second, and more important, if these are the only recess appointmentments he fills, then he’s making a very clear, very defensible constitutional point. He’s not merely complaining that a Senate minority is blocking his nominees. He’s arguing that it’s wrong for a Senate minority to shut down entire agencies — agencies that have been duly created by statute — by abusing its confirmation power. Because that’s the difference between the CFPB/NLRB and the Fed. The former literally can’t function without their appointees, and Republicans have been explicit that preventing them from functioning is their goal. The latter continues to function just fine.

This is a point worth making, even if it’s arcane enough that it’s unlikely to get much public attention. Because to the extent that it does get public attention, it’s nothing but bad news for Republicans. They’ll be forced to defend a strategy of using their filibuster power not to stop legislation they don’t like, but to unilaterally nullify legislation they don’t like even after they’ve lost the vote and it’s been passed and signed into law. That’s going to be a hard case to make.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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