The top Democrat in the U.S. Senate reportedly plans to call for a vote this week to confirm Richard Cordray to continue leading the Consumer Financial Protection Bureau (CFPB). Republicans vowed to block Cordray’s confirmation, but could Senate majority leader Harry Reid, D-Nev., be setting the stage for a “nuclear” rule change that would allow Democrats to sidestep a GOP filibuster?
Republicans first attempted to block Cordray’s nomination to lead the CFPB in 2011. President Barack Obama ultimately broke the stalemate in January 2012 by invoking the U.S. Constitution’s recess appointments provisions.
Roughly one month before that controversial appointment, Democrats in the Senate called for a procedural vote on the nomination. The vote failed as expected, and minority leader Mitch McConnell, R-Ky., accused Democrats of using the floor of the Senate to stage some “political theater.”
“They are setting up a vote they know will fail so they can act shocked about it later,” McConnell said at the time.
Theater or not, the doomed procedural vote marked the beginning of the end of part one of the Cordray nomination saga.
“When Congress refuses to act, and as a result hurts our economy and puts our people at risk, then I have an obligation as president to do what I can without them,” Obama said as he announced Cordray’s recess appointment on Jan. 4, 2012.
Cordray’s appointment will expire at the end of this year unless the Senate confirms him to a full five-year term. As before, Republicans vowed to block a confirmation vote unless Democrats agree to make certain changes to the bureau. For instance, they want the CFPB’s single director to be replaced by a five-member commission.
Neither side has shown any sign of backing down, but Reid indicated earlier this year that Democrats could break the stalemate at any time by changing Senate rules to prevent Republicans from blocking a vote. Reid said it would be a “nuclear option,” but he’s ready to press the button if necessary.
Talking Points Memo and several other outlets reported on May 15 that Reid plans to bring the Cordray matter before the Senate sometime this week. He indicated the forthcoming showdown will serve as a test of Republicans’ willingness to follow through on their threat to block the nomination.
Only time will tell if the drama that promises to unfold on the Senate floor will ultimately pave the way for a potential rule change.
“I’m not going to do anything now, precipitously,” Reid said. “But I’m looking at this very closely. We’re going to fill that job. Cordray is there now. He’s going to get a vote.”