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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

I don’t understand God’s plan here. He took Scalia out during a recess. Maybe it is to force Mcconnells hand and then have a true revolt at voting time.

Or may God is just an Obama loving lib.

Our country is going to hell.


41 posted on 02/14/2016 6:13:06 AM PST by RummyChick
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To: SMGFan

These idiots in DC will capitulate the country down the river. The Left will put up the most egregious clown they can, and the repbs will allow it to happen, without saying anything.


42 posted on 02/14/2016 6:43:08 AM PST by SERE_DOC ( The beauty of the Second Amendment is that it will not be needed until they try to take it. T)
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To: DH

Alito and Thomas are Obama hacks? Oh really?


43 posted on 02/14/2016 6:57:52 AM PST by smoothsailing
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To: SMGFan

The Jarrett Admin isn’t going to squander a lifetime Cabal pick for a one term recess appointment. Not yet, anyway.

There is no current danger from the Senate being in recess. Later, maybe?

But first, the left and her media sycophants will squeal like stuck pigs to see if they can’t break any resolve not to nominate.

A vote for another Jarrett SC member would make a GOP vote for Obamacare seem like a prudent political position, by comparison. The republican casting that vote better be retiring or changing parties.

The line in the sand is right here.

To quote one of my favorite actors, “This business will get out of control. It will get out of control and we’ll be lucky to live through it.”


44 posted on 02/14/2016 7:20:20 AM PST by ziravan (Buck the Establishment.)
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To: HomerBohn
He forgot about Clarence Thomas, didn't he?

"I hope his wife feeds him [Clarence Thomas, Justice, U.S. Supreme Court] lots of eggs and butter and he dies early like many black men do, of heart disease." Julianne Malveaux- tolerant liberal spokesperson

45 posted on 02/14/2016 8:34:48 AM PST by JimRed (Is it 1776 yet? TERM LIMITS, now and forever! Build the Wall, NOW!)
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To: PA-RIVER
...if they rule guns should be confiscated, our recourse is to shoot the governing class. Not a problem.

Except for that fact that they will become inaccessible if we wait that long. THOSE WHO GIVE THE ORDERS should already be having "accidents" or jus disappearing.

46 posted on 02/14/2016 8:39:50 AM PST by JimRed (Is it 1776 yet? TERM LIMITS, now and forever! Build the Wall, NOW!)
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To: USNBandit

and how much damage would a permanent appointment do over the next 30 years or so?


47 posted on 02/14/2016 10:00:59 AM PST by RC one (I will vote for the Republican nominee period. end of story.)
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To: Hostage

that would be a lot to accomplish in less than a year. I’m more worried about the damage they could manage over the next 30 years. I seriously doubt the congress will stall him for 11 months.


48 posted on 02/14/2016 10:02:28 AM PST by RC one (I will vote for the Republican nominee period. end of story.)
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To: RC one

Any one of the soon-to-be-heard cases will hasten the demise of the republic.

A recess appointment is far too risky.

Trump has it just right:

Delay-Delay-Delay-Delay


49 posted on 02/14/2016 10:07:09 AM PST by Hostage (ARTICLE V)
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To: Hostage

They won’t delay for 11 months. they will consent.


50 posted on 02/14/2016 10:08:24 AM PST by RC one (I will vote for the Republican nominee period. end of story.)
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To: SMGFan

They’re NOT recessed, they’re just adjourned:

“ORDERS FOR MONDAY, FEBRUARY 15, 2016, THROUGH MONDAY, FEBRUARY 22, 2016

Mr. McCONNELL. Mr. President, I ask unanimous consent that when the
Senate completes its business today, it adjourn, to then convene for
pro forma sessions only, with no business being conducted, on the
following dates and times, and that following each pro forma session,
the Senate adjourn until the next pro forma session: Monday, February
15, at 11 a.m.; Thursday, February 18, at 9 a.m.; I further ask that
when the Senate adjourns on Thursday, February 18, it next convene at 3
p.m., Monday, February 22,”

https://www.congress.gov/congressional-record/2016/2/12/senate-section/article/S887-4


51 posted on 02/14/2016 10:15:26 AM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: RC one

You could be right and it’s very disturbing. We will see if Americans take it lying down.


52 posted on 02/14/2016 10:26:11 AM PST by Hostage (ARTICLE V)
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To: SMGFan

Whatever needs to be done to prevent a recess appointment is necessary, but I bet he makes the appointment early tomorrow morning. He plays hardball and won’t miss this opportunity.


53 posted on 02/14/2016 11:26:35 AM PST by wildbill (If you check behind the shower curtain fInor a murder, and find one.... what's your plan?)
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To: RC one

What OS are you running? Your system might have “keyboard bounce”


54 posted on 02/14/2016 12:03:22 PM PST by SteveH
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To: xzins
IF you are writing about the Texas case coming up from the Fifth Circuit Court of Appeals, we may safely assume that Ginsberg, Breyer, Sotomayor and Kagan would vote to overturn the Fifth Circuit decision, that Clarence Thomas and Samuel Alito would vote to uphold it and that Chief Justice Roberts and Anthony Kennedy would be necessary to have a tie vote. Roberts and Kennedy are not to be taken for granted. OTOH, a tie vote maintains the status quo which IIRC enjoined Obozo's lawless behavior as to immigration. Another possibility is that, with SCOTUS short one justice, Roberts as Chief Justice can postpone decision-making until a new Associate Justice is approved. Burger did that with Roe vs. Wade and a second argument was scheduled after the appointment of Rehnquist and Powell.

What I do not know is whether the Chief Justice has the power to do this on his own or whether a majority of sitting SCOTUS members must approve of a postponement and re-argument of such controversial cases. The rationale would be "judicial economy" since a tie vote invites new cases on the same questions after the new justice is seated.

55 posted on 02/14/2016 12:58:07 PM PST by BlackElk (Dean of Discipline: Tomas de Torquemada Gentlemen's Society/Rack 'em Danno!)
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To: SERE_DOC

Oh they’ll say plenty pandering to voters. They just won’t DO anything.


56 posted on 02/14/2016 1:04:01 PM PST by piytar (http://www.truthrevolt.org/videos/bill-whittle-number-one-bullet)
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To: arthurus
Where in the Constitution is Obozo prohibited from making recess appointments to SCOTUS? Article II, Section 2, Third paragraph, makes clear that the power of POTUS to make "recess appointments" applies to all offices to which he may nominate.

This language should be reconsidered by any Article V convention as it was designed to keep government functions going when travel was by horse and buggy and Congress only met for a few months each year.

In 2014, SCOTUS UNANIMOUSLY construed this section of the constitution to apply ONLY when Congress (by its own intention) is in a lengthy recess or adjournment for the session. It appears that this means actual adjounment of the session or after some disaster like Obozo's Islamonazi pals setting off a suitcase nuke in DC killing most members of Court and Congress while Obozo is playing golf in California or on Martha's Vineyard.

57 posted on 02/14/2016 1:10:26 PM PST by BlackElk (Dean of Discipline: Tomas de Torquemada Gentlemen's Society/Rack 'em Danno!)
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To: Vermont Lt

Mushball McConnell has all the authority necessary to call the Senate BACK into session and keep it that way until Obozo leaves office or until Armaggedon whichever comes first.


58 posted on 02/14/2016 1:16:36 PM PST by BlackElk (Dean of Discipline: Tomas de Torquemada Gentlemen's Society/Rack 'em Danno!)
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To: ziravan

No, there is no current danger from Mushball McConnell calling the Senate IMMEDIATELY back into session and holding perfunctory “meetings” every few days to note the absence of a quorum until the Senate can be back fully in place, and no current danger from KEEPING the Senate in continuous session until Obozo is gone.


59 posted on 02/14/2016 1:22:38 PM PST by BlackElk (Dean of Discipline: Tomas de Torquemada Gentlemen's Society/Rack 'em Danno!)
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To: RummyChick
I don't understand God's plan here.

I do. God's plan is to chastise America and the western world for living the Great Apostasy and abandoning God's word. Mediocre candidates, poor leaders. War in the Mideast and into Europe, and (at least) political chaos and class and race based strife in America. Divisiveness and polarization leading to a paralyzed political process. Uncontrolled immigration breeding fervent nationalism and the cruel extremes that can bring. Things will go downhill from there. If Baba Vanga, the Bulgarian mystic was right, expect Europe to be unrecognizable by the end of this year and full worldwide Communism by 2060.

60 posted on 02/14/2016 1:25:35 PM PST by steve86 (Prophecies of Maelmhaedhoc OMorgair (Latin form: Malachy))
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