Donald Berwick’s nomination to head the Centers for Medicare and Medicaid Services (CMS) had been in limbo since April. Republicans opposed Berwick, in large part, because he admires the British National Health Service. For conservatives, this translates into rationing and the dreaded “death panels.” The Senate was in recess, so Obama went ahead and made a recess appointment.
Both Democrats and Republicans objected to Obama’s use of this tactic. Congress has become so polarized, however, that presidents must increasingly resort to this option. The statistics for recent presidents: Reagan 243, Clinton 139, George W. Bush 171, and Obama (so far) 15.
Even former heads of CMS who supported Berwick object to the recess appointment. Here’s Gail Wilensky, as quoted in The New England Journal of Medicine:
[H]is appointment is tainted, certainly in the eyes of Republicans — even those who had not spoken out on sensitive issues that Don had raised in previous statements and writings. . . . Don will carry an extra burden because he was not confirmed by the full Senate through the normal confirmation process.
This sounds somewhat reasonable, but with so much opposition to health care reform among Republicans, a recess appointment is hardly a tipping point.
