ThinkProgress thinks Cordray will be recess appointed tomorrow to head the CFPB.

[BzaDem]

http://twitter.com/thinkprogress/status/154219876783882240

"SOURCE: Obama expected to make recess appointment today or tomorrow of Rob Cordray to the Consumer Financial Protection Bureau"

http://thinkprogress.org/justice/2012/01/03/396384/president-obama-reportedly-will-make-recess-appointments-today-or-tomorrow/

"Earlier today, a reliable source told ThinkProgress that President Obama will make at least one recess appointment soon. If this report proves accurate, Senate Republicans will inevitably complain that this action violates the Constitution — as they do pretty much every time President Obama does anything. They will be wrong.

Although recess appointments that occur while the Senate is at least pretending to conduct business every three days are rare, they are rare for a very simple reason. Few people in American history have done more to obstruct American governance than Senate Minority Leader Mitch McConnell (R-KY) and his fellow Senate Republicans. As such, it has rarely been necessary for a president to use his constitutionally granted authority to appoint officials during a very short recess.

There are no modern precedents for McConnell-style mass obstructionism, and there is no Supreme Court decision considering how long senators must be out of Washington before recess appointments are allowed. There was, however, a showdown during the Bush Administration over President Bush’s decision to recess appoint Judge William Pryor to the United States Court of Appeals for the Eleventh Circuit. In Evans v. Stephens, that court considered whether Pryor’s appointment was invalid because it occurred during a very short legislative break. This court is the highest legal authority ever to weigh in on the question of whether a break in the Senate’s calendar must last a certain number of days before a recess occurs, and it answered that question with an unambiguous “no”:

"The Constitution, on its face, does not establish a minimum time that an authorized break in the Senate must last to give legal force to the President’s appointment power under the Recess Appointments Clause. And we do not set the limit today.""

If this is true, this is great news. The CFPB actually gets a lot more power once the first director is appointed, and the power does not go away after the appointment expires.

[TexasTowelie]

1. Repugs have no grounds for gripes.

A recess appointment was how that asshole, John Bolton, made it to the UN.

[riverwalker]

2. he didn't do it?

http://tpmdc.talkingpointsmemo.com/2012/01/obama-bypasses-key-window-to-recess-appoint-director-of-consumer-watchdog.php?ref=fpnewsfeed

Obama Misses Key Window For Empowering Top Consumer Watchdog

[JoePhilly]

3. How big was the window??

Funny the article does not say how big that window was ... maybe because they ended the last session and then immediately started the next session.

Just one more manufactured outrage widget from the media's outrage machine.

[BzaDem]

4. He didn't do it today.

However, ThinkProgress has a source that the Obama administration will appoint him today or tomorrow.

It won't be between sessions, since that window passed earlier today. But many recess appointments are made in the middle of a session (though usually with a longer gap). So I assume the following potential option (from your link) is the case:

The official declined to provide further explanation, but the decision implies one of three things: Obama does not believe he’s encumbered by technical restrictions on his power to recess appoint nominees and can still act between now and late January when Senators return to town...

In any event, we will find out tomorrow whether ThinkProgress' source is correct.

[riverwalker]

5. hope they are

thanks for clarification.