There’s been some talk on the cable news shows and some articles in the papers and on the web about Obama appointing Donald Berwick to be the Administrator of the Centers for Medicare and Medicaid Services during senate recess.

It is completely legit to do this as stated in Article II, Section 2 of the U.S. Constitution:

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

President George W. Bush made 171 recess appointments and President Bill Clinton made 139. Source: Congressional Research Service, Report# RS21308 (PDF)

Even the Great Falls Tribune editorial board chimed in with their thoughts on the matter in Sunday’s paper and sided with Senator Max Baucus (D-Mont) who came out against the recess appointment.

This angle by Baucus is kind of funny. We all know (or are told over and over by Baucus’ press people and the Montana media) that Max Baucus is “powerful” and chairs a “powerful” committee.

So why didn’t this “powerful” senator, who takes credit for the healthcare bill (and about everything else except for the sun, the moon, and the stars) use his self-proclaimed clout to hold hearings for Berwick? I’m sure Baucus has a direct line to the White House. Powerful people do – especially those who have a former Chief of Staff working as the Deputy Chief of Staff for Obama.

I think the answer is because Baucus, along with his leader, Senator Harry Reid, knew that Berwick would have trouble being confirmed.

Issuing a statement against the Berwick recess appointment is nothing but cover for Max Baucus.