[Freedom56v2]

Buckle your seat belts--gonna be an interesting couple weeks. Jarrett stated they have papers ready on 2 Supreme nominees.

[jessduntno]

“There was much hubbub in late 2012 when President Obama made four recess appointments during a short recess The case later went to the Supreme Court and the maneuver was ruled to be unconstitutional...”

This time it will be a split decision and have to wait for the ninth Judge to be appointed...in 2017. Robert Bork must be smiling at this furor.

[Freedom56v2]

Will be interesting to see if Mitch calls back the Senate and Ryan calls back House.

[XenaLee]

I’m sure that perfect “window of time” opening this week and next week is merely a coincidence re: the timing of Scalia’s passing. You know how perfectly timed coincidences are when radical leftists are in control.

[DemforBush]

I was just skimming an article (from Vox, so take it for what it is worth) about Obama’s most likely choices to replace Scalia.

Good gravy. Among the rogues’ gallery: two possibilities from the uber-left 9th Circuit, and Senator Amy Klobuchar from Minnesota. Argh!

[mrsmith]

WHY DON’T THESE IDIOTS READ THE CONGRESSIONAL RECORD!

“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,”

The Senate is in adjournment, not recess, and is having pro-forma sessions.

[M Kehoe]

Mitch, get your a$$ to DC NOW!

5.56mm

[Alberta's Child]

"Recess appointments" are one of those things that has lost a lot of its meaning over the years. A Senate recess might have meant something when members of Congress had to travel for days or weeks between their home states and the nation's capital. With the advent of air travel and the ability of Congressmen to travel anywhere in the country within hours, that has pretty much gone by the wayside.

It's interesting that a radical leftist like Stephen Breyer wrote the majority opinion in the case against the Obama administration over those NLRB appointments.

[Pollster1]

Mitch McConnell needs to call the US Senate into session immediately and keep them technically “in session” until the communist has been formally replaced. Freedom is already hanging by a thread.

[MayflowerMadam]

Senate should vote to suspend any recess period for the next 10 months. Then have the Senate room occupied by GOP Senators 24/7, following a rotating schedule, complete with sleeping bags. They could even make s’mores and sing Kumbaya if they wanted to. Give no appearance that any type of “recess” exists.

[Cap Huff]

I think this link over at Instapundit is a good summary of the details of the rules and the court decisions.

http://pjmedia.com/instapundit/226701/

In short, yes, the Senate is (likely) technically in recess and yes, Obama could make a recess appointment until 22 February. I take Elizabeth Foley’s analysis to be reasonably reliable.

My personal opinion on the politics of an appointment is that Obama would want to get the most political mileage out of a nomination. If he makes a recess appointment the person joins the SC until 3 January 2017. Obama (or Hillary) would not be able to say the Republicans are obstructing but the issue festers on the Republican side. The dems get little political mileage, but it highly fires up the Republican base (even more than it is now). That is not a plus for Obama or Hillary. The recess justice gets to wear a robe for a few months, but will hear very few oral arguments and participate in few decisions. Damage for sure, but limited, unless Hillary wins.

I think Obama goes for a regular nomination. Then he and all the dems can harp night and day until November about obstructionist Republicans. The right nominee could get them some mileage. Nevertheless, it pushes the issue out there every day and still fires up the Republican base.

[Sooth2222]

If Obama makes a recess appointment than the Senate could take the nomination to a vote and defeat it, since the Republicans have the majority.

Of course, the Democrats could filibuster Obama's appointee, so he couldn't be defeated...

Many possibilities. It could get interesting!

[Secret Agent Man]

Unless the senate says it is in recess it is not,in recess.

And after this they won’t be.

[GrandJediMasterYoda]

Well they are not going to waste time after going through all that trouble to kill Scalia.