Posted on 09/29/2018 5:10:07 PM PDT by Lockbox
Think October 29th, President Trump using recess appointment to install Brett Kavanaugh on the Supreme Court. He could be on the court for up to two years.
This appears to be allowed by the Constitution.
No need to do that.
If he could, HE SHOULDN’T. VERY bad idea.
yes it is allowable.
The restriction is that a recess appointee then has to be confirmed by the Senate by the end of that Senate session, otherwise the judgeship expires.
So even if a recess appointment happened somehow, Kavanaugh would still have to be confirmed at a future date, in order to stay on the Supreme Court.
Some may argue that the Senate has to advise and consent, but if they drag this out to late October, then The Senate has had time to preform their function and they left without finishing.
Also,
It gives an excuse for the Senate to slow things down even more.
“Well, he’s already there, so lets look into his past EVEN MORE before we vote him in permanently. Take our time, right Democrats?”
I’d rather keep the pressure on them to vote him in now.
While it would be allowable, politically, it would create a political firestorm that makes the current one look like a candle.
Well that could be up to 2 years and if the mid term elections go Trump’s way.......
And we all know the left will use any delay they can.
So Trump’s action would be worse than making up lies?
Not THIS time around.
If the timing is right, when RBG takes her Dirt Nap, I’d do it, then.
Appoint a CONSERVATIVE FEMALE JUDGE!
Why? It’s Constitutional per Article 2 Section 2, although the commissions expire at the end of the next session. Pretending that a valid part of the Constitution is a “very bad idea” plays into the liberals’ hands.
Now if the Senate refuses to adjourn, it becomes evident what they would be thinking.
Pres. Eisenhower made three recess appointments to the Supreme Court.
But recess appointments also depend on the Senate cooperating by actually going into recess, which requires a majority vote, same as a confirmation.
Good point.
The left makes everything about the Constitution that stops things going their way into a “political firestorm”. The thing is to stop them from making a Constitutional crisis by their continued subversion of law.
“Tell you what Donald Trump can do if this fails — he has recess appointment power. If Mitch McConnell recesses the Senate for 10 minutes he can put Brett Kavanaugh on the Supreme Court for four years without Senate confirmation,” Napolitano said on Fox Business Network’s “Mornings with Maria” on Monday. [Judge Napolitano]
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I don’t believe Mitch has yet allowed the Senate to recess so Trump has not had the ability to make any recess appointments. I don’t think Mitch will recess for Kav, either. The political repercussions would blow up the Capitol. Mitch will do his best to get Kav through on Senate votes.
I do not think a President can do that for appointments to the judicial branch; only for executive branch appointments; I think.
Senate 2018 calendar shows a recess in late October.
Nap is simply wrong about “four years”. He’s brain-addled.
If Trump took such action, it would be spun by the liberals and the media as a major abuse of power.
I don’t think such action is worse than making up lies. But the way it will be spun, there would be a major uproar over it.
And a related matter is that the general public doesn’t understand about recess appointments, so when the media went into meltdown mode, the public would be spoon fed info to the effect that Trump abused his powers.
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