Advanced Search

Volume 25 - Number 14

July 7, 2014

Cordray’s Recess Appointment Likely Invalid, Issue Now Moot

President Barack Obama’s original recess appointment of Richard Cordray as director of the CFPB was likely unconstitutional, according to the rationale the U.S. Supreme Court used late last month to unanimously declare the president’s nominees to the National Labor Relations Board out of bounds. Late last month, in NLRB v. Noel Canning, the SCOTUS ruled that the president’s Jan. 4, 2012, recess appointments to the National Labor Relations Board were invalid. Alan Kaplinsky, a practice leader with the Ballard Spahr law firm, explained the legal question in dispute this way: “The NLRB recess appointments were made on January 4, the day after a new session of Congress had begun with a pro forma January 3 session and two days before ...

Subscribers to Inside the CFPB have full access to all its stories and data online. Visitors may become subscribers for full access or may purchase individual articles and data.

Subscriber Log In

If you are a current subscriber or already purchased this article, please login below.

Forgot your password?

Already subscribe but haven't registered for all the benefits of the website?


This biweekly keeps mortgage executives on top of the onslaught of new legal and regulatory issues the industry has been seeing.



You can purchase this article for $55.00 without subscribing and always have access to it on

Pay Per View

Please contact Customer Service if you need assistance: 1-800-570-5744


How many new retail loan officers (net) is your shop looking to hire in the first quarter of 2018?

1 to 10. We’re being careful.
11 to 30. We’re feeling slightly bullish.
31 or more. We’re in expansion mode.
None. We’re staying right where we are, for now.
We’re cutting back.

vote to see results