Free Republic

Is a recess appointment to the Court an option? (UPDATED) UPDATED Sunday 8:48 a.m. The Senate is currently in recess until February 22. The recess began on Friday. Whether this opens an opportunity for a recess appointment depends upon how Senate leaders interpret an adjournment resolution approved last Friday. That will determine whether it will meet for brief activity during the recess, which could close that opportunity. Analysis The Constitution not only assigns to the president the task of making nominations to the Supreme Court, setting off Senate review that may or may not result in approval, but it also...

WASHINGTON — A bare majority of the U.S. Supreme Court appeared likely Tuesday to let the Trump administration follow through on its plan to shut down DACA, the federal program that has allowed nearly 800,000 young people, known as dreamers, to avoid deportation and remain in the U.S. With hundreds of DACA supporters rallying outside — so many that police shut down the street in front of the Supreme Court — the justices heard nearly an hour and a half of oral arguments. Based on their questions, it appeared that the court's five conservatives were inclined to rule that the...