Skip to comments.Obama STILL might be able to put Merrick Garland on the Supreme Court
Posted on 11/14/2016 5:16:51 AM PST by chiller
President Obama may have a unique opportunity when the Senate goes into recess. Under the law, when the Congress is in recess for at least ten days, the President can make what's called recess appointments.
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Mayberry vs Madison
Not gunna happen.
Recess appointments can be recalled when they return, IIRC.
Trump can also pack the court with 11 or 13 SCOTUS justices. The original SCOTUS was 6 justices.
It was a 9-0 ruling, by the way.
Obama cannot pack the court so it has more than 9 judges without congress passing a law authorizing that.
kinda pointless, is there some major case that need the 5th judge during the recess? It get reversed instantly when recess end.
I thought the GOP was keeping the “in session” status even in recess just to prevent this sort of nonsense.
Garland is not a complete idiot. He would decline.
Was that the decision that denied Andy Taylor a seat on the high court?
The Judiciary Act of 1869 specifically states that there are to be nine Supreme Court justices, and that the Court can be in session and issue rulings as long as at least six are present.
You are correct on that. He can nominate him and call for a vote, or officially nominate him if he hasn’t. Then demand a vote. The Democrats will say Aye. And as history has attested time after time, enough Republicans will say Aye yo make it happen. So, yes, it could happen. Experience has taught me to never, never trust a Republican.
Congress never calls a recess, exactly for this reason.
Obama tried to flout it, claiming they were “technically” recessed.
The courts slapped him down.
Yes, the National Labor Relations Board v. Noel Canning opinion stated that only the Senate can decide when they are in a recess and are able to use any type of “procedure”, significant or insignificant, to stay in session.
A recess appointment would run to the beginning of the next Congress, which is January 3, 2017. What would he accomplish in the day or two he’d be on the bench?
You owe me a new keyboard!
Obama blew his chance at this by going for small potatoes in appointing to the National Labor Relations Board (NLRB) while Congress was NOT in recess. Using his usual plea for amending the failure of Congress to approve his nominees, he made these recess appointments KNOWING that the GOP leaders had NOT OFFICIALLY RECESSED and had members on the floor doing the legalities required.
This resulted in the Supreme Court SCHOOLING this LEFTIST ‘Constitutional Law Professor’ in the meaning of the LAW! Now, you KNOW that the same methods will be used to prevent our Imperious LEFTIST POTUS from doing such an appointment. He will do as many LEFTIST things as he can between now and 20 January 2017, but this will very probably not be one of them.
No he can't. He may not be able to get one appointment past the Democrat filibuster.
I assume the R's have the sense to remain in session, ESPECIALLY, with Obama, but I don't trust any of them.
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