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Can Obama Make Recess Appointments to the Supreme Court?!

Posted on 02/13/2016 3:45:11 PM PST by quesney

Say it aint so.


TOPICS: Chit/Chat
KEYWORDS: 114th; bho44; bhoscotus; scotusnominee; vanity
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To: quesney

Supreme Court rebukes Obama on recess appointments

By Robert Barnes
June 26, 2014

The Supreme Court ruled unanimously Thursday that President Obama exceeded his constitutional authority in making high-level government appointments in 2012 when he declared the Senate to be in recess and unable to act on the nominations.

Obama made appointments to the National Labor Relations Board (NLRB) at a time when the Senate was holding pro forma sessions every three days precisely to thwart the president's ability to exercise the power.

"The Senate is in session when it says it is," Justice Stephen G. Breyer wrote for the court, stressing that if the Senate is able to conduct business, that is enough to keep the president from making recess appointments.

But the court stepped back from handing Obama - and those who will follow him in the Oval Office - a more substantial loss. A bare majority of the justices upheld, in theory at least, the president's ability to make recess appointments when the Senate is indeed on extended break, saying history weighs in favor of a broad power.

The decision comes at a time when Republican opposition to the president's policies and Obama's vow to bypass a gridlocked Congress by using his executive powers have consumed Washington.

Read the decision...

https://www.washingtonpost.com/politics/supreme-court-rebukes-obama-on-recess-appointments/2014/06/26/e5e4fefa-e831-11e3-a86b-362fd5443d19_story.html

21 posted on 02/13/2016 3:54:19 PM PST by ETL (Ted Cruz 2016!! -- For a better, safer America)
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To: scooby321

Correct. The recess appointment EXPIRES at years end, when the congress ends.


22 posted on 02/13/2016 3:55:39 PM PST by BigEdLB (Take it Easy, Chuck. I'm Not Taking it Back -- Donald Trump)
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To: quesney

Earl Warren was recess-appointed to the Supreme Court by Eisenhower (later confirmed by the Senate). So yes, it can be done. The Senate has to actually be in recess, though, and the appointment is only good for a year or so.


23 posted on 02/13/2016 4:00:07 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: quesney

Why would he need to do that?

The GOP confirmed Lynch...they will confirm his SCOTUS pick.


24 posted on 02/13/2016 4:01:11 PM PST by vmivol00 (I won't be reconstructed.)
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To: Teacher317

Or Hillary


25 posted on 02/13/2016 4:03:12 PM PST by bigbob ("Victorious warriors win first and then go to war" Sun Tzu.)
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To: vmivol00

Yeah... never trust a RINO. Especially a McTurtle.


26 posted on 02/13/2016 4:03:57 PM PST by quesney
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To: BenLurkin

William J. Brennan, Earl Warren, and Potter Stewart were all recess appointed by Eisenhower (and later confirmed by the Senate for life terms).


27 posted on 02/13/2016 4:04:29 PM PST by Jim Noble (I won't be laughing at the lies when I'm gone, and I won't question what or when or why when I'm gon)
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To: quesney

obama was already slapped down by the court on recess appointments — and in so doing, ruined it for all future presidents.


28 posted on 02/13/2016 4:04:36 PM PST by JohnBrowdie (http://forum.stink-eye.net)
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To: quesney

The Senate - not Obama - decides when it is in recess, and thus when he could make such an appointment.....


29 posted on 02/13/2016 4:05:33 PM PST by Intolerant in NJ
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To: Lurking Libertarian

“Earl Warren was recess-appointed to the Supreme Court by Eisenhower. So yes, it can be done.”

That’s terrible.

“The Senate has to actually be in recess, though, and the appointment is only good for a year or so.”

Yeah, but what kind of damage could he/she do in the meantime?


30 posted on 02/13/2016 4:05:55 PM PST by quesney
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To: Sasparilla

I don’t think anyone has ever made a recess appointment to the Supreme Court. Has anyone ever made one to a lesser court?


31 posted on 02/13/2016 4:07:03 PM PST by Captain Peter Blood
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To: quesney

President Washington appointed John Rutledge as CJ. He was subsequently rejected by the Senate. President Eisenhower had teo. Justice Brennan who was later confirmed and CJ Warren who was likewise confirmed. So yes. Obama can and will do it.


32 posted on 02/13/2016 4:11:38 PM PST by usafa92 (Ted and Heidi = Jim and Tammy Faye)
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To: quesney

William Brennan was a recess appointment to the court by Ike.


33 posted on 02/13/2016 4:11:50 PM PST by GrootheWanderer
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To: quesney

Technically, yes, but Congress passed a resolution, sense of Congress, in 1960 counseling against it. Such has happened (recess appoint a SCOTUS justice) in history.


34 posted on 02/13/2016 4:12:46 PM PST by Cboldt
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To: Jim 0216

Congress can block it if they have the cojones to do it.

= = =

Tricky. I see you used ‘Congress’ and ‘cojones’ in the same sentence.


35 posted on 02/13/2016 4:13:29 PM PST by Scrambler Bob (As always, /s is implicitly assumed. Unless explicitly labled /not s. Saves keystrokes.)
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To: Jim Noble

Interesting!


36 posted on 02/13/2016 4:14:15 PM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: Sacajaweau

Limitation is roughly, untill the next Congress - 2 years max, 9 months now.


37 posted on 02/13/2016 4:14:38 PM PST by Cboldt
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To: quesney

He could appoint himself to SCOTUS and install Smokin’ Joe as POTUS.


38 posted on 02/13/2016 4:15:36 PM PST by central_va
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To: All

Apparently Obama already has a nominee “on deck”. He is an Indian-Asian, (and muslim I’ll bet) His name is Sri Srinavasan.

The GOP should already be doing oppo research on him.


39 posted on 02/13/2016 4:16:09 PM PST by ClarenceThomasfan (Trump is the ultimate RINO)
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To: quesney

Yes he could. Senate should not go on recess. If the Senate screws up, it will only last until the end of Obama’s term.


40 posted on 02/13/2016 4:16:18 PM PST by Red Steel
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