Ruling Calls Into Question Validity of Cordray Appointment, May Compel a Legislative Solution
January 31, 2013
A number of mortgage industry experts share the view that a dark cloud has been cast over President Obamas recess appointment of Richard Cordray as director of the Consumer Financial Protection Bureau, after an appeals court ruled late last week that other recess appointments the president made at the same time were unconstitutional. The significance of this decision cannot be overstated as it raises a host of questions about the potential impact of a judicial ruling that Mr. Cordrays recess appointment was similarly invalid, said Barbara Mishkin, of counsel with the law firm of Ballard Spahr. Edward Mills, a financial policy analyst at FBR Capital Markets, said...