The White House has announced that President Barack Obama will
attempt to "pocket veto" a bill, passed by Congress, that would make it
easier for banks to process foreclosures on homes. Foreclosures hit a record high
in September as banks attempt to turn around homes on which owners have
defaulted since the 2007 mortgage crisis began. Opponents of the
measure warn it would allow banks to circumvent homeowner protection
laws. The pocket veto allows Obama to indirectly block the bill's
passage by refusing to sign it during a period when Congress is not in
session. Why is Obama blocking the bill, how did it get to his desk, and
what does it mean?
Why Obama Opposes ABC News's Jake Tapper explains,
"consumer groups and some state officials noted that the legislation
could have the unintended consequence of exacerbating an ugly trend of
unfair home foreclosures. By requiring the acceptance of out-of-state
notarizations, the bill could make it more difficult for homeowners to
challenge improper foreclosure attempts." Reuters's Scot Paltrow adds,
"The timing raised eyebrows, coming during a rising furor over improper
affidavits and other filings in foreclosure actions by large mortgage
processors such as GMAC, JPMorgan and Bank of America. Questions about
improper notarizations have figured prominently in challenges to the
validity of these court documents, and led to widespread halts of
foreclosure proceedings. The legislation could protect bank and mortgage
processors from liability for false or improperly prepared documents."
- Getting Proactive on Foreclosures The Washington Post's Jia Lynn Yang writes,
"The decision to block the measure, which Congress passed without
debate, came as members of the president's own party have urged the
administration and federal regulators to more actively address the
crisis over flawed foreclosures. ... In the middle of a heated election
season, a growing number of politicians have been eager to weigh in on
the matter [of banks issuing questionable foreclosures] - and are taking
pains to rebuke the financial institutions at the core of the
controversy."
- It's Strange That Congress Approved This Reuters's Scot Paltrow says
the bill "quietly zoomed through the Senate last week." It was "passed
without public debate in a way that even surprised its main sponsor,
Republican Representative Robert Aderholt. ... After languishing for
months in the Senate Judiciary Committee, the bill passed the Senate
with lightning speed and with hardly any public awareness of the bill's
existence on September 27, the day before the Senate recessed for
midterm election campaign. The bill's approval involved invocation of a
special procedure. Democratic Senator Robert Casey, shepherding
last-minute legislation on behalf of the Senate leadership, had the bill
taken away from the Senate Judiciary committee, which hadn't acted on
it. The full Senate then immediately passed the bill without debate, by
unanimous consent."
- Why a Pocket--Not Regular--Veto Congress Matters' David Waldman explains,
"What difference does it make what kind of veto process is used? Well,
the argument goes that a pocket veto might be final, and not subject to
override. Why would a pocket veto be final? ... They're (metaphorically)
in the President's pocket. Which means the Congress can't act to
override the veto. ... A returned bill can get an override vote."
-
What Happens Next Conservative legal blogger John Elwood writes,
"Pocket vetos raise cause even more friction between the branches than
the regular variety of veto because they turn on whether 'Adjournment
prevent[s]' a bill’s return. But Congress has designated agents to
receive returned bills during recesses, and so Members of Congress often
argue that pocket vetos are ineffective. In an effort to make sure such
bills are truly dead, presidents have taken to performing 'protective
returns,' whereby they return the pocket-vetoed bill with a 'memorandum
of disapproval' for the stated purpose of 'leav[ing] no doubt that the
bill is being vetoed' (to quote President Obama’s first Memorandum of
Disapproval). The $64,000 question is what happens if Congress purports
to override a pocket veto, and someone has standing to get the issue
into the courts. But this is a relatively good time for the President
to attempt such a gambit, at the beginning of a six-week recess, with
congressional majorities of the President’s own party preoccupied with
the coming midterm elections."
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