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.
Oh crap, so a difference of ONE DAY..as in 10 days ..not 9 days..could mean the difference between millions of immigrants getting a free ride since that case is coming up for review.
You just know Obama will try to make a recess appointment
I tend to agree with your opinion regarding the politics of this.
There are a number of political scenarios that will be considered by both parties over the next few days.
0bama holds the cards and is also the dealer.
No matter who 0bama nominates, they Senate will look like obstructionists. 0bama can send them a series of the most radical leftists(by design), guaranteeing the Senate will block the appointment.
Ultimately the question, IMHO, comes down to whether or not the voting public believes the MSM and actually wants a Congress that can work together and get things done.
Do the American people really dislike the “Gridlock”?
I like the gridlock, I like the Government shutdowns and wish there were more of them.
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.
P
Don’t you think that if Obama does put in a justice this week, it raises more suspicions about Justice Scalia’s death?