[xzins]

I agree that we don’t want a recess appointment, but I expect some legal mumbo jumbo over what constitutes a recess before this is over.

It’s not in Obama’s interests to go for a recess so soon, because that will definitely give the republicans cover to ignore anyone else coming along. And the recess disappears at some point in time.

There is no reason, though, for the Senate to approve a candidate from Obama. They can advise him with a name that they will approve, and he can reject their advice.

I’d give him the name of a Scalia clone and let him stew over that.

[Carry_Okie]

I agree that we don't want a recess appointment, but I expect some legal mumbo jumbo over what constitutes a recess before this is over.

The way to handle it is for Cruz, Lee, et al. to do a tag team filibuster until the rest of the Senate returns. I don't know about the procedural legalities of a "session," but that is up to the parliamentarians.