I was initially confused by the Elizabeth Warren appointment, but after talking to some people this seems to be the case of a good idea that got leaked a bit prematurely rather than rolled out as the White House intended. What we’ve basically got here is a way for Warren to be the key architect in shaping the new institution that doesn’t require her to go through the Senate filibuster wringer. That won’t be the confirmation battle some people were hoping for, but on the other hand it means you don’t need to risk losing a confirmation battle.
And I say right on. Obviously, the president and the legislative leadership need to follow the laws. But beyond that, I think progressive politicians spent too much of the 111th Congress thinking of procedural hurdles as inescapable laws of nature rather than things that strong leaders need to find ways around.
Sometimes it takes a loophole.