Berwick Redux? Recess Appointments Could Derail Tavenner Nomination at CMS

President Obama’s recess appointment of Richard Cordray to run the Consumer Financial Protection Bureau  could derail the nomination of acting CMS Administrator Marilyn Tavenner to run the agency in an escalating spat over appointments. Republicans have been blocking Cordray’s confirmation process for a year because of concerns with the consumer watchdog’s powers, and the recess appointment was like a sharp stick in the eye.  The GOP response was reminiscent of the fury in 2011 when Obama recess-appointed former CMS Administrator Don Berwick.

Tavenner had been getting high praise from Senate Republicans in the runup to the Congressional recess, including from Sen. Orrin Hatch (R-UT), the ranking Republican on the Finance Committee, and from House Minority Leader Eric Cantor (R-VA), whose state Tavenner served as health secretary.

But Sen. John Thune (R-S.D.) said the Cordray appointment “represents an extreme power grab and raises constitutional issues because of the president’s unilateral actions.”  It certainly added another layer of frost to Obama’s chilly relationship with Hill Republicans despite the fact that after 3 years in office Obama has recess-appointed fewer people than any President in recent memory.  At this point in his Presidency Ronald Reagan had appointed 3 times as many people; Bush I and II had already appointed twice as many by the end of their third year.

It may not be lethal but it certainly doesn’t help Tavenner at the very moment our favorite agency desperately needs a leader with Congressional legitimacy after the Berwick fiasco.  I’m hoping cooler heads will prevail as the Senate reconvenes.