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Amid Scalia Assassination Buzz, Obama May Appoint Successor Without Senate Approval
Radix News ^ | 2/15/2016 | Radix News

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 ...


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections
KEYWORDS: antoninscalia; dictatorship; obama
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1 posted on 02/15/2016 10:59:01 AM PST by Abakumov
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To: Abakumov

The Senate has pro forma sessions planned to keep the lights on. Obama will not get away with a recess appointment. In fact, the Court smacked him down 9-0 when he tried one a few years ago.

Scalia died in his sleep. These conspiracy theories have to stop. It makes us look bad.


2 posted on 02/15/2016 11:01:11 AM PST by NYRepublican72 (Democrats -- it's always someone else's fault.)
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To: Abakumov

Highly unlikely after the scotus clarified what a “recess” is not too long ago.


3 posted on 02/15/2016 11:01:15 AM PST by cuban leaf (The US will not survive the obama presidency. The world may not either.)
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To: Abakumov

Obama is a Curse on the US


4 posted on 02/15/2016 11:01:53 AM PST by butlerweave
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To: Abakumov
This gives Obama seven days to do the deed before the window closes for good,

My money is on him taking advantage of this and putting an Alinsky type in.

5 posted on 02/15/2016 11:02:24 AM PST by PROCON (Proud CRUZader!)
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To: Abakumov

I thought the Senate stopped adjourning during the Bush administration jsut to prevent recess appointments.


6 posted on 02/15/2016 11:02:43 AM PST by Zuben Elgenubi (NOPe to GOPe)
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To: Abakumov

The Senate is not in recess. A recess appointment is not a possiblity.


7 posted on 02/15/2016 11:02:58 AM PST by IronJack
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To: Abakumov

If the cases have already bee heard, the newly appointed justice couldn’t vote on them.


8 posted on 02/15/2016 11:03:11 AM PST by txrefugee
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To: cuban leaf

Hope that is right, but word on the Hill is he might go for it.


9 posted on 02/15/2016 11:03:15 AM PST by Abakumov
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To: PROCON

I wouldn’t put anything past him.


10 posted on 02/15/2016 11:03:23 AM PST by Carthego delenda est
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To: NYRepublican72
Scalia died in his sleep.

And you are sure of this because...

11 posted on 02/15/2016 11:03:53 AM PST by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: Abakumov

Floor Schedule

Friday, Feb 12, 2016

The Senate convened at 10:00 a.m. and adjourned at 10:18 a.m. No record votes were taken.

Monday, Feb 22, 2016

3:00 p.m.: Convene and proceed to the reading of Washington’s Farewell Address.

Thereafter, begin a period of morning business.

5:30 p.m.: Proceed to executive session to consider the nomination of Robert McKinnon Califf to be Commissioner of Food and Drugs, Department of Health and Human Services.

http://www.senate.gov/index.htm


12 posted on 02/15/2016 11:04:35 AM PST by Ray76 (Our gov has become hideously deformed by the hand of the Dem-Rep-Uniparty. They must be abolished.)
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To: NYRepublican72

With a pillow on his face!

OK!


13 posted on 02/15/2016 11:06:28 AM PST by free from tyranny
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To: NYRepublican72

You are very much is right, stuff like this do make us look very, very bad indeed.


14 posted on 02/15/2016 11:07:13 AM PST by Biggirl ("One Lord, one faith, one baptism" - Ephesians 4:5)
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To: Abakumov

every sentence that comes out of that creature’s mouth should end with - NOT. So expect them to appoint a justice without congress. There does not need to be 9 justices so if, God forbid, another justice does pass away or hopefully Ginsburg will retire, then 7 will be good.

As for the RINO’s doing anything but submitting to the threat of exposing their quirks in the FBI files...oh well. The majority of Americans vote for liars.


15 posted on 02/15/2016 11:07:22 AM PST by huldah1776 ( Vote Pro-life! Allow God to bless America before He avenges the death of the innocent.)
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To: NYRepublican72

“Scalia died in his sleep.”

An assumption since he died with a pillow over his head, was pronounced over the phone, no autopsy, then taken to a remote funeral home.

Can’t look worse after the DJT ringmaster and his 3-4 stooges began their inane juvenile acts on the public stage.


16 posted on 02/15/2016 11:08:10 AM PST by PIF (They came for me and mine ... now it is your turn ...)
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To: Abakumov

I know congress is on recess now can they be called back????


17 posted on 02/15/2016 11:08:38 AM PST by Kit cat (OBummer must go)
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To: Abakumov

Could President Obama make a nominee during that recess? Only if the Senate is taking a recess lasting longer than three days, and does not come in from time to time during that recess to take some minimal legislative action. Both of those circumstances would be entirely within the Senate’s authority.

In that circumstance, a recess appointment to the Court would not be within the terms of the Constitution, as spelled out in Article II.

The same situation would likely apply when this year’s Senate session comes to an end, and the senators take a recess before the next Congress assembles.

The bottom line is that, if President Obama is to successfully name a new Supreme Court Justice, he will have to run the gauntlet of the Republican-controlled Senate, and prevail there. The only real chance of that: if he picks a nominee so universally admired that it would be too embarrassing for the Senate not to respond.


18 posted on 02/15/2016 11:08:42 AM PST by jessduntno (The mind of a liberal...deceit, desire for control, greed, contradiction and fueled by hate.)
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To: NYRepublican72
The Senate has pro forma sessions planned to keep the lights on.

Where did you get this from? I'm looking at the U.S. Senate: Calendar right now, and the next business is scheduled for Monday, Feb 22, 2016: 3:00 p.m.: "Convene and proceed to the reading of Washington's Farewell Address. Thereafter, begin a period of morning business."

19 posted on 02/15/2016 11:08:48 AM PST by COBOL2Java (I'll vote for Jeb when Terri Schiavo endorses him.)
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To: Abakumov; All

We are in this mess because corrupt Congress has stubbornly refused to impeach and remove lawless Obama from office.

From a related thread . . .

Corrupt federal lawmakers let any federal government official outside the legislative branch steal legislative powers from both the federal government and the states so that they can do Congresss unconstitutional legislative work for it.

By letting outsiders do their dirty work work for it, lawmakers keep their voting records clean to fool low-information patriots to reelect them, such voters clueless about the federal governments constitutionally limited powers.

My concern about the corrupt Senate confirming an Obama-nominated activist justice is this. Senators may try to keep their voting records clean by deliberately ”abdicating” their power to confirm a justice by going on recess in order to let Obama make a recess appointment.

Remember in November !

When patriots elect Trump, Cruz, or whatever conservative they elect, they need to also elect a new, state sovereignty-respecting Congress that will not only work within its constitutional Article I, Section 8-limited powers to support the new president, but also protect the states from unconstitutional federal government overreach as the Founding States had originally established the Senate to do.

Also, consider that such a Congress would probably be willing to fire state sovereignty-ignoring activist justices confirmed by previous state sovereignty-ignoring senators.


20 posted on 02/15/2016 11:08:59 AM PST by Amendment10
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