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Why the Senate Should Reconvene Immediately to Stop Obama
Conservative Review ^ | February 13, 2016 | Brian Darling

Posted on 02/14/2016 2:52:28 AM PST by SMGFan

The sudden loss of Supreme Court Justice Antonin Scalia already has the political class buzzing about what comes next.

News and analysis moves at lighting speed. The first thing America should do is take a deep breath and celebrate the life of one of the most influential constitutionalist judges in my lifetime. Antonin Scalia was a giant on the Court and he helped change America for the better.

However, because President Obama has routinely abused executive power and given the Senate is in recess, it is reasonable for conservatives to fear a recess appointment.

Therefore, Senate Majority Leader Mitch McConnell needs to immediately convene the Senate as soon as possible to forgo any risk of a recess appointment. A recent appeals court held that a recess appointment can only happen when the Senate is in a long recess.

See more here from the SCOTUS Blog:

(Excerpt) Read more at conservativereview.com ...


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: 114th; bhoscotus; congress; obama; scotus; senate
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To: SMGFan
The President cannot make a recess appointment to the USSC, not Constitutionally, anyway. The USSC appointments must be confirmed by the Senate. Of course he might just do it and the Republicans in the Senate, being Republicans, might just go along with it. It would not surprise me terribly if he were to remove a justice. Perhaps he just did.
21 posted on 02/14/2016 4:29:29 AM PST by arthurus (Het is waar. Tutti i liberali sono feccia.)
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To: Behind Liberal Lines

You just might do some reading:

http://www.scotusblog.com/2016/02/is-a-recess-appointment-to-the-court-an-option/

https://en.wikipedia.org/wiki/Recess_appointment


22 posted on 02/14/2016 4:31:00 AM PST by DH (Once the tainted finger of government touches anything the rot begins)
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To: SMGFan
If Obama pulls a stunt such as a Recess Appointment to replace Scalia, Congress should immediately

Subpoena his Birth Certificate

and check for its validity.

I personally believe it*s a forgery.

23 posted on 02/14/2016 4:33:54 AM PST by FroggyTheGremlim (Hunga Tonga-Hunga.)
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To: tanknetter

Turnout may not make a lot of difference. The voting machines in many locations will be programmed to register Democrat majorities no matter what the input is. George Soros counts the votes for 11 States. In local elections we are already seeing what was a widespread phenomenon in the last Presidential election, Republican votes registering as Democrat votes in many cities. And then there are the illegals who will vote. Studies have shown that 6% admit to have voted and the pressure to not permit any sort of voter ID or questioning of voters or checking to see if they have already voted will be intense. In California and Chicago illegals already vote with the blessing of the governments.


24 posted on 02/14/2016 4:35:36 AM PST by arthurus (Het is waar. Tutti i liberali sono feccia.)
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To: xzins

With 8 Justices the immigration question will likely result in a tie which will allow the lower court ruling to stand. There will be no recess appointment.


25 posted on 02/14/2016 4:38:06 AM PST by arthurus (Het is waar. Tutti i liberali sono feccia.)
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To: arthurus
Perhaps he just did.

You are not the only one who wonders.

26 posted on 02/14/2016 4:38:58 AM PST by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
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To: arthurus

Not if, as the poster I was responding to was willing to permit, we allow a recess appointment.


27 posted on 02/14/2016 4:39:41 AM PST by xzins (Have YOU Donated to the Freep-a-Thon? https://secure.freerepublic.com/donate/)
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To: PghBaldy

Let the Rats GO POUND SAND.

Remember Bork!


28 posted on 02/14/2016 4:44:24 AM PST by Gasshog (Fed-Up America & Donald Trump vs. Career Politicans - Guess who Wins?)
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To: RC one

Oh, the things he could change in the US n that amount of time! He’s having wet dreams


29 posted on 02/14/2016 4:54:36 AM PST by freeangel ( (free speech is only good until someone else doesn't like it)
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To: xzins

The Republicans may allow a recess appointment but it will be contrary to the Constitution, which may not affect the situation as the Republicans would not be uncomfortable with that and would likely prefer to see another Left Justice appointed however Constitutional it might not be in order to get Amnesty and the Permanent Total Democrat State RIGHT NOW. Ignoring the Constitution now would give them the opportunity to accomplish the USSRAmerica in one fell swoop regardless of the outcome of the Election in November. Most of the Republicans seem to crave that outcome, including Rubio and Bush.


30 posted on 02/14/2016 5:00:31 AM PST by arthurus (Het is waar. Tutti i liberali sono feccia.)
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To: SMGFan

Thank you for posting that, it’s very helpful, especially the calendar format here: http://www.senate.gov/legislative/resources/pdf/2016_calendar.pdf

This is crucial. I cannot stress enough, how important this is. We must not let Obama succeed at this. He is going to nominate an appointee on Tuesday, this is guaranteed. He’s going to do it, and we must be prepared to stop him.

The key will be showing that the recess the Senate is on now is not an “extended” recess. This is the precedent that, in the past, has been used to support recess appointments. One week is not an “extended” recess. Obama is going to claim that it is, this is guaranteed. We must not let him succeed.

We must harass the Senate with phone calls and/or e-mails come Monday, February 22. At that time, Obama will have already nominated an appointee, and will be claiming it’s due to an “extended” recess.

If I’m wrong about this, then I’m wrong, we will find out Tuesday Feb 16. But I don’t think I am wrong. He is going to nominate someone then, and claim the precedent of “extended recess” in trying to keep his nominee. Then he will try to bully the Senate as he always has, to keep his nominee. We must stop this.

We must stop him, by stopping our own infighting (Cruz/Trump wars), at least temporarily. This is far too important. This will have decades lasting implications. We must focus on stopping Obama, use the energy we’ve been using supporting “our” candidate stopping Obama now. Or else the election itself will be meaningless, whomever the nominee is. We thought we could wait until after the election, at least, to worry about SC nominees. We were wrong. It’s time to wake up to this reality and adapt to the situation.

Stop the infighting! Stop Obama!


31 posted on 02/14/2016 5:05:37 AM PST by FourtySeven (47)
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To: RC one

Is that you, Rubio, repeating the same thing over and over?/j


32 posted on 02/14/2016 5:07:03 AM PST by octex
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To: Gasshog

The author is asking a lot from McConnell. McConnell is lazy and incompetent. Barre will nominate Eric Holder. Based on past performance, McConnell will fold like a cheap suit. Hope I’m wrong.


33 posted on 02/14/2016 5:07:37 AM PST by abbastanza
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To: RC one

A recess appointment would let him flip the court with a major case on executive orders being heard soon. That case isn’t just critical to stopping illegal immigration. It is critical to restoring the checks and balances in government.


34 posted on 02/14/2016 5:17:26 AM PST by USNBandit (Sarcasm engaged at all times)
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To: USNBandit

Aside from getting to his next golf game, odumbo will set a world speed record getting his SCOTUS nominations made. McConnell MUST (not should) dig in his heels and block even bringing the nominations to the senate floor for a vote. (Pull a Harry Reid tactic). Stop odumbo’s take over right then and there.


35 posted on 02/14/2016 5:21:56 AM PST by DaveA37
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To: DH

“Hold it in limbo until after the election and only then fill the slot.”.........

Follow Reid’s example and don’t even bring it up for a vote. That has been the demodummies way for anything they don’t want addressed so use their own tactics against them.


36 posted on 02/14/2016 5:25:41 AM PST by DaveA37
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To: RC one

No!

A recess appointment could be used to push through Executive Amnesty, Gun Control and other important leftwing cases.


37 posted on 02/14/2016 5:33:20 AM PST by Hostage (ARTICLE V)
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To: SMGFan

The Senate is in recess. He could appoint someone this morning and that person would be on the court until the end of the session (Jan 2017.)

It is legal. It was last done by Ike.

And you bet Barry is gonna do it.

And there is nothing “we” can do about it.


38 posted on 02/14/2016 5:34:32 AM PST by Vermont Lt
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To: SMGFan

Now that we have a Monarch with a phone and a pen, the courts are no longer that important.

Separation of powers is no longer possible. We have a benevolent despot.

This makes politics much simpler. For example, if they rule guns should be confiscated, our recourse is to shoot the governing class. Not a problem.


39 posted on 02/14/2016 5:53:42 AM PST by PA-RIVER
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To: Vermont Lt

Regarding a recess appointment, the Senate can do the following. Immediately start confirmation hearings on the recess appointment. Use the hearings to expose the recess appoinment’s leftist philosophy. After the hearings have been held, vote the nominee down for very specific reasons. Going through this process will demonstrate the GOP is following the rule of law.

If the recess appointee doesn’t then step down, make the imperial presidency and lawless judiciary the major campaign issue in the 2016 election. It might be effective in some close Senate races.


40 posted on 02/14/2016 6:00:12 AM PST by Soul of the South (Tomorrow is gone. Today will be what we make of it.)
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