Posted on 09/20/2020 7:45:54 AM PDT by OneVike
Should Follow The Eisenhower Precedence
New Jersey judge William J. Brennan was appointed to the Supreme Court by President Dwight D. Eisenhower in 1956 through a recess appointment. This was done in part with an eye on the presidential campaign that year;
On September 7, 1956, Sherman Minton announced his intent to retire in a letter to President Dwight D. Eisenhower, and he served until October 15, 1956. Now Eisenhower was running for reelection, and his advisors thought it would be politically advantageous to place a northeastern Catholic on the court. With the Senate already adjourned, Eisenhower made a recess appointment of William J. Brennan to the Court. After Eisenhower was sworn in for his second term in 1957, Brennan was formally nominated to the Court and confirmed in 1957.
So I advise Trump to make a recess appointment rot fill the vacant seat and let the chips fall where they may next year after Congress and Trump are all sworn in.
That action right there proved that both Parties were against President Trump.
George Washington made a recess appointment (John Rutledge, later rejected by the Senate)
“The best of both worlds is a permanent placement on the court before the election.”
Don’t agree - Election-related cases can start rolling in there any day, if there is a way to get that seat filled now, that is really helpful...along with filling it permanently.
“It’s sickening how often we don’t. Stevens, Souter, ROberts might be better, but only slightly, the jury is still out on Gorsuch...
Also Harry Blackmun (Nixon appointee) who gave us Roe v. Wade. Earl Warren, the leftist Chief Justice, was an Eisenhower appointee. Sandra Day O’Conner (Reagan appointee) also leaned left from time to time.
Many justices are appointed as conservatives and “evolve” to the left on the court. No left wing appointees evolve into strict constructionists Constitution loving jurists.
It would be to the nation’s benefit if Trump does not appoint an Ivy League law school grad to the Supreme Court. Those schools teach the “living” Constitution.
Then Mitch should take the past hearing on the candidate as good and just move on to a vote.
Yes, but the precedence is there.
Not a good idea.
If Mitch is serious about helping Trump, then he will recess the Senate. We don’t need the House to be recessed. It’s a President vs the US Senate deal. The House has no say in the matter.
“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.”
Especially Paul Ryan who was Speaker and controlled the House schedule in Trump’s first two years.
I don’t know for sure that an approach like that one would work. If he fills the seat temporarily through a recess appointment, then technically there is no vacancy and therefore no appointment to be made.
In real life Walter Brennan was a very strong Reagan Republican, very conservative individual who was a combat veteran of World War I as well.
Except for Cruz - who graduated both Princeton and Harvard law school.
This lefty wants Cruz because he thinks Cruz will be more into Twitter, and the social media zingers than actually doing Supreme Court Justice work..
So, adjourn for 3 days. Plus a weekend. That’s still “in recess”.
Walter Brennan was in field artillary in WWI, IIRC. About the time of Madelyn Murray ,O’Hare SC ruling he was instrumental in trying to allow making a prayer moment mandatory in public schools.
A good man.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.