
The Recess AppointmentBack when the President was George W. Bush, many Democrats did not like recess appointments. Here is what the NY Times said back in 2006,
"...It is disturbing that President Bush has exhibited a grandiose vision of executive power that leaves little room for public debate, the concerns of the minority party or the supervisory powers of the courts. But it is just plain baffling to watch him take the same regal attitude toward a Congress in which his party holds solid majorities in both houses.
Seizing the opportunity presented by the Congressional holiday break, Mr. Bush announced 17 recess appointments ...".
Here is what the NY Times said in 2012,
"... Last year, Senate Republicans refused to consider any nominee to run the bureau unless the White House first agreed to drastically curtail the bureau’s powers... After Mr. Obama nominated Mr. Cordray, the Republicans blocked a confirmation vote. Congressional Republicans are calling the appointment “unprecedented” and “illegitimate” — that is rich given that they are determined to use any and all tactics to thwart the bureau and the Dodd-Frank reform law that created it.
Mr. Obama also appointed three new...
Announcing the appointments, Mr. Obama also asserted a welcome new credo: “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.”
Hear. Hear."
Others (many Senators and Obama himself when he was a US Senator) opposed one or more of Bush's recess appointees but typically in terse language (unlike the NY Times).
So is the NYTimes being hypocritical? Not quite. Here is an additional sentence they used by in 2006,
"... Mr. Bush's record in this area owes less to unreasonable Democrats than to the low caliber of some of his choices..."
So the NYTimes has a defense (although maybe it should be called a "defense") against the charge of hypocrisy, namely that recess appointments are bad when the NYTimes thinks the appointee is bad but OK when the NYTimes thinks the appointee is good.
Of course, the above discussion leaves out the problem that in the 2012 situation the Senate was not technically in recess by recent definitions. The NYTimes (two days after the quote earlier noted) has a news story on this in which they pretty much admit that Obama seriously broke precedence and presumably violated the constitution. They excuse this by saying that the situation, " compelled Mr. Obama to escalate matters further on Wednesday, making recess appointments even though the Senate was technically not in recess." This issue is interesting but is not a hypocrisy issue (unless you count that 'uphold the constitution' oath thing).
NYTimes statement in 2006 is
here.
NYTimes statement in 2012 (Jan 5) is
here.
SeattleTimes report of an Obama quote mildly criticizing a recess appointment in 2006 is
here.
NY Times news piece in 2012 (Jan 7) is
here.