Earning Their Hatred

Thank God for elections and election years. An election gives our president, who must face the voters in November, permission to think and act like a partisan. It’s long overdue.

President Obama has boldly made key recess appointments to the National Labor Relations Board (NLRB) and to the Consumer Financial Protection Bureau (CFPB). The Republican strategy has been to destroy these agencies by failing to confirm appointees. In the case of the new CFPB, that meant nobody in charge to make key decisions to make the new bureau operational. In the case of the NLRB, it meant the lack of a quorum would paralyze the agency altogether.

In naming Richard Cordray to head the CFPB, the president has called the Republicans’ bluff. This was the agency that Elizabeth Warren invented and dearly hoped to lead. Republicans made clear they would block her appointment. When Obama passed her over in favor of the less-well-known Cordray, former Ohio Attorney General and also a strong consumer advocate, Republicans blocked his confirmation, too.

The selection of Cordray, an activist very much in the spirit of Warren, is in many ways a tribute to her leadership in fighting both for a strong consumer protection agency and a strong leader to head it. Cordray is that leader. Consumers will finally have an agency to keep watch for abuses that do not only harm small borrowers but aggregate to major threats to the financial system. Had there been a consumer bureau in the Warren spirit a decade ago, it would have noticed that sub-prime loans were not only ripping off homeowners but threatening to take down the economy.

In the case of the NLRB, the agency, which protects the right of workers to organize or join a union free from employer harassment, would have been totally paralyzed. The Republicans said as much. Here’s what Obama said, in naming Richard Griffin, Sharon Block, and Terrence Flynn to vacant seats on the NLRB:

When Congress refuses to act and as a result hurts our economy and puts people at risk, I have an obligation as President to do what I can without them. I have an obligation to act on behalf of the American people. I will not stand by while a minority in the Senate puts party ideology ahead of the people they were elected to serve. Not when so much is at stake. Not at this make-or-break moment for the middle class.

Well said. These actions define a president who is leading, not searching for futile compromises. It exposes both the Republican obstructionism, the unprecedented tactic of destroying agencies by refusing to allow confirmations, as well as the Republican hostility to agencies that defend regular Americans against powerful corporate elites.

Predictably, the Republicans, having invented new forms of obstructionism such as the use of the filibuster on ordinary legislation and not special cases, as well of refusal to consent to routine extension of the debt ceiling, now cry foul when Obama uses a constitutional provision, the recess appointment, which has been conventional for presidents of both parties. Their contrivance of a fake nominal session when Congress is actually in recess is shameless. They more of a fuss they make, the more they out themselves as defenders of the one percent.

As in the case of the extension of the payroll tax cut, this conciliatory president seems to be warming to the concept of maximizing partisan advantage, particularly when the Republicans hand him opportunities on a platter. Just to make sure that message did not lost, Obama chose Cordray’s hard-pressed home state of Ohio for his announcement of the appointment, and painted Republican obstructionists as allies of Wall Street.

The citizenry loves a fighter far more than a punching bag. The right hates Obama. In the spirit of Franklin Roosevelt, he might as well earn that hatred.

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