Despite expectations fueled by statements from Senate Majority Leader Harry Reid’s office that he planned to hold a procedural vote on Richard Cordray’s nomination this week, it now appears the Senate will not vote on the nomination before the Memorial Day recess.  According to a report in Politico, Senator Reid would not specify when the vote would occur when he spoke to a group of reporters yesterday.  Senator Reid is reported to have said only that he was “going to make sure” there will be a vote on Mr. Cordray and was unwilling to answer questions about reports that he will seek to change the Senate’s filibuster rules. 

Among the possible reasons for the delay is the possibility that the Third Circuit’s New Vista decision last week casting further doubt on the constitutionality of Mr. Cordray’s recess appointment is causing the Obama Administration to reconsider whether its apparent refusal to negotiate a deal with Republicans is the right strategy.