Freshman Rep. Diane Black (R-Tenn.), the author of a new House resolution disapproving of President Obama’s move to recess appoint former Ohio attorney general Richard Cordray to head the new Consumer Financial Protection Bureau, is out with a head-scratcher of a news release this morning.

(Cliff Owen - Associated Press) In it, Black renews the argument that congressional Republicans have made against Obama’s appointment of Cordray and three National Labor Relations Board officials — that the move was out-of-bounds because Congress, which has been meeting every three days for brief “pro forma” sessions, is technically not in recess.

Then the release states:

“I hope the House considers my resolution as soon as we return to Washington so we can send a message to President Obama.”

As we’ve noted, this is the difficulty of trying to make a procedural argument versus a political one, a situation in which House Republicans have found themselves not once, but twice over the past month.

House Democrats sought to turn Republicans’ argument that Congress is in session back against them Friday, taking to the House floor to make their case for the immediate start of negotiations on a long-term payroll tax cut extension.

Their effort — largely an act of political theater, and one that would seem to be an assist to President Obama’s ramped-up offensive against congressional Republicans as the 2012 election gears up — was blocked by House Republicans, who gaveled Friday’s brief “pro forma” meeting in and out of session as the Democrats continued to try to speak for several minutes.

“We have been told by the Republicans that we are in session. We just spent four minutes in session, and now we’re done. ... Either we’re in or we’re out of session,” Rep. Xavier Becerra (D-Calif.) said.

“As Ricky Ricardo used to tell Lucille Ball, I think our Republican colleagues have some ‘splaining to do, because this is not how you run government,” he added.

Top House Democrats said Thursday that they want the new payroll tax conference committee to be open and transparent, in contrast to the bipartisan supercommittee that largely worked behind closed doors in its failed attempt to draft a debt-reduction plan.

House Minority Leader Rep. Nancy Pelosi (D-Calif.). (Alex Wong/Getty Images)“This should be a conference,” Rep. Sander Levin (D-Mich.), the top Democrat on the House Ways and Means Committee, said at a news conference Thursday with more than two dozen members of the House Democratic caucus. “This should not be done in secret. We should not be talking about things that are under the table.”

With the news that President Obama plans to install Richard Cordray as head of the Consumer Financial Protection Bureau through a recess appointment, congressional Republicans for the second time in a month find themselves in something of an uphill battle: The GOP is making an argument based largely on procedure while the White House and Democrats are the ones arguing policy.

President Barack Obama announces his nomination of former Ohio attorney general Richard Cordray, right, to head the Consumer Financial Protection Bureau at the White House in July. (Joshua Roberts/Bloomberg)Republicans, who have pledged to block any CFPB nominee unless broad structural changes are made to the agency, point out that Democrats have been fiercely opposed to recess appointments in the past, and they’re right.

Senate Minority Leader Mitch McConnell (R-Ky.) has tapped three Senate Republicans to serve on the bipartisan, bicameral committee charged with working out a deal on a year-long payroll tax holiday extension and other provisions by the end of February.

Senate Minority Leader Mitch McConnell of Ky., left, accompanied by Senate Minority Whip Jon Kyl of Ariz. (AP Photo/Susan Walsh)Republican Sens. Jon Kyl (Ariz.), Mike Crapo (Idaho) and John Barrasso (Wyo.) will serve on the panel of 20 lawmakers, McConnell’s office announced Friday afternoon.

Kyl, the No. 2 Senate Republican, previously served on the debt “supercommittee” and was chosen by McConnell to represent Senate GOPers in the debt talks led by Vice President Biden during the spring. Crapo is a member of the bipartisan “Gang of Six” and also serves on the Senate Finance Committee. And Barrasso is the chairman-elect of the Republican Policy Committee, the fourth-ranking spot in Senate GOP leadership.