President Barack Obama appointed former Ohio attorney general Richard Cordray to serve as the first director of the Consumer Financial Protection Bureau (CFPB) Wednesday, drawing sharp criticism. (Manuel Balce Ceneta/Associated Press)

President Barack Obama used a recess appointment to install former Ohio attorney general Richard Cordray as head of the new Consumer Financial Protection Bureau on Wednesday, after the Senate rejected the nomination last month.

However, some are questioning the legality of that move.

Todd Gaziano director of the Heritage Foundation’s Center for Legal and Judicial Studies called the act a “tyrannical abuse of power,” because, Gaziano argues, Congress is still technically in session.

No matter how the decision was reached in the White House, both houses of Congress should respond forcefully to this tyrannical abuse of power, and as soon as possible. A lawsuit would take time and faces various jurisdictional problems that are not necessary to relate here. If a party with standing could be found before the agency head took any adverse action, the courts still might decline to rule on the matter, believing that it is a political question. But that would not mean that there was no wrong or that Congress is without any power to respond.