Posted on 02/15/2016 10:59:01 AM PST by Abakumov
Shock surrounding the mysterious death of Justice Scalia is compounded by the realization that President Obama may take the extreme authoritarian step of using a recess appointment to put Scalia’s successor on the bench. This would allow Obama to put a far-left jurist on the court to swing the balance on important cases on the docket this year dealing with Obamacare, gun control, abortion, illegal immigration, religious liberty, energy and environmental regulation, labor union power, voting rights, and affirmative action....
Sources in Congress tell us that this week would be the most opportune time for Obama to make a recess appointment. The Senate is in recess now until Feb. 22. They gaveled out, and according to the adjournment resolution, the upper chamber can only come back from recess with concurrence from Minority Leader Harry Reid, the fiercely partisan Democrat. This gives Obama seven days to do the deed before the window closes for good, because once Congress is back from recess, Republicans can use parliamentary maneuvers to make sure they don’t adjourn for the rest of the year.
(Excerpt) Read more at radixnews.com ...
Clearly the House too has authority to meet pro-forma to keep the in-session requirement fulfilled.
They are in recess until February 23, 2016. House and Senate.
right, a super assassin would plan everything so perfect... then just to leave a pillow there.
Makes sense.
The Repubes laid down for ANYTHING he did, and NOTHING he did worked out. Unopposed means he can’t storm around with claims he was stopped.
BUT NOW MAYBE HE CAN..!
He’ll do this only to provoke the type of opposition that will make it logical to say he’d have been WONDERFUL, if not for all that rancorous Ultra-Conservative OPPOSITION..!!!!
He’s TOTALLY going to do this.
Right ......by the way I'm looking for a new doctor....are you taking new patients??
Cheney saw that
I believe they have adjourned until then. That is not the same as “in recess.”
Reid would have to concur to call back the Senate. Unlikely.
The Constitution says that recess appointments "shall expire at the End of their next Session." There are two sessions to each Congress, each session ending at the end of the year.
What is easily debatable (read: ripe for mischief) is the phrase "next session."
If the recent SCOTUS ruling is that "the recess" means the recess between sessions and not some holiday break (i.e., the August summertime in the swamp recess), then the "next session" is the one that is about to begin after an intersession break. The term of the recess appointment would be until the end of the year.
If "the recess" is interpreted to be the Article I Section 5
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
which is what we're discussing now, then 1), is it Constitutional, and 2), does "next session" mean the one after this one concludes?
Regardless of how the definitions of "the recess" and "next session" play out, the following should be the Republican strategy.
The next President should not wait for the recess-appointed Justice to step down at the end of 2017 to make his appointment.
The next President should make his permanent nomination early in 2017 and let the Senate confirm. Then, it will be up to the "lame duck" Justice to either succumb to pressure and step down early to let the duly confirmed Justice take over, or defiantly remain on the Court to the bitter end, when the earlier confirmed Justice will then be sworn in.
-PJ
These conspiracy theories have to stop. It makes us look bad. Gee im worried about looking bad, if you question anything these days already you’re a conspiracy nut with a tin foil hat. Take into consideration what kind of devious parasitic sub humans we have in control and what damage they have done already. They will stop at nothing to meet thier ends
Not to mention that Scalia was there because he got an unsolicited invitation from the Democrat insider owner who got an award from Obama.
I believe the 46,000 acre “ranch” was purchased from the state of Texas for $2,000,000 on an insider deal about 10 years ago. $45 an acre... not too bad in this day and age.
![](http://s28.postimg.org/9a3qrz9al/Obama_and_Poindexter.jpg")
Nonsense!
Can’t be done.
Agreed! He will do it and the pubes will cower in the shadows.
Seems like he can appoint a successor at any time without senate approval. At that point if it’s challenged in court he’ll have a 5-4 win with the supremes.
And we know the house isn’t willing to challenge his illegal actions (e.g. impeachment) - they’re too busy trying to figure out how to pass Obama’s latest budget without taking responsibility.
Why does anyone even pretend the Constitution matters any more? It may matter to you and me. But in DC both sides see it as an “outdated and flawed document”.
But, But he had a pillow on his head!
I don’t think Obama will do a recess appointment.
I think he relishes a Summer of fighting over his nominee.
He will pick a black female. It will be a relentless onslaught of “Republicans are Racist! War On Women! Racist, Racist! War On Women!”
Either the Pubbies will cave, or he’ll be able to use this as a catalyst to get those voters who turned out for him twice to show up again this Fall.
Scalia should have had non-government protection.
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