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Obama STILL might be able to put Merrick Garland on the Supreme Court
American Thinker ^ | 11/14/2016 | Ed Straker

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.

Read more: http://www.americanthinker.com/blog/2016/11/obama_still_might_be_able_to_put_merrick_garland_on_the_supreme_court.html#ixzz4PzMbXIed Follow us: @AmericanThinker on Twitter | AmericanThinker on Facebook

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: 114th; bho44; bhoscotus; merrickgarland; obama; supremecourt
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Better get this out there, in case anyone lets their guard down during this heady transition.
1 posted on 11/14/2016 5:16:51 AM PST by chiller
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To: chiller

Mayberry vs Madison

Not gunna happen.


2 posted on 11/14/2016 5:19:15 AM PST by Fhios (In the end Hillary, MSM, and Obama were beat by Trumps pure strategic genius.)
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To: chiller

Recess appointments can be recalled when they return, IIRC.


3 posted on 11/14/2016 5:19:19 AM PST by rarestia (It's time to water the Tree of Liberty.)
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Trump can also pack the court with 11 or 13 SCOTUS justices. The original SCOTUS was 6 justices.


4 posted on 11/14/2016 5:19:52 AM PST by USCG SimTech
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To: chiller
The Obama administration lost a key Supreme Court ruling on its ridiculous NLRB recess rulings, and that would surely come into play here.

It was a 9-0 ruling, by the way.

5 posted on 11/14/2016 5:22:45 AM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
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To: USCG SimTech

Obama cannot pack the court so it has more than 9 judges without congress passing a law authorizing that.


6 posted on 11/14/2016 5:23:06 AM PST by Stingray51
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To: chiller

kinda pointless, is there some major case that need the 5th judge during the recess? It get reversed instantly when recess end.


7 posted on 11/14/2016 5:24:43 AM PST by 4rcane
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To: Stingray51

I thought the GOP was keeping the “in session” status even in recess just to prevent this sort of nonsense.


8 posted on 11/14/2016 5:24:56 AM PST by Eric in the Ozarks (Baseball players, gangsters and musicians are remembered. But journalists are forgotten.)
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To: chiller

Garland is not a complete idiot. He would decline.


9 posted on 11/14/2016 5:25:07 AM PST by anton
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To: Fhios

Was that the decision that denied Andy Taylor a seat on the high court?


10 posted on 11/14/2016 5:25:07 AM PST by turfmann
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To: rarestia
There have been several recess SCOTUS appointments. Eisenhower made three. As you point out, the Senate can reject the appointments, and has done so. Unsuccessful recess appointments to United States federal courts.
11 posted on 11/14/2016 5:25:11 AM PST by Cboldt
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To: USCG SimTech

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.


12 posted on 11/14/2016 5:25:20 AM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
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To: chiller

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.


13 posted on 11/14/2016 5:25:26 AM PST by sport
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To: chiller

Stupid article.

Congress never calls a recess, exactly for this reason.

Obama tried to flout it, claiming they were “technically” recessed.

The courts slapped him down.


14 posted on 11/14/2016 5:28:34 AM PST by justlurking (#TurnOffCNN)
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To: Eric in the Ozarks

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.


15 posted on 11/14/2016 5:29:37 AM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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To: chiller

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?


16 posted on 11/14/2016 5:32:26 AM PST by DoodleDawg
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To: turfmann

You owe me a new keyboard!


17 posted on 11/14/2016 5:32:30 AM PST by PlateOfShrimp
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To: chiller

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.


18 posted on 11/14/2016 5:33:29 AM PST by SES1066 (Quality, Speed or Economical - Any 2 of 3 except in government - 1 at best but never #3!)
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To: USCG SimTech
Trump can also pack the court with 11 or 13 SCOTUS justices.

No he can't. He may not be able to get one appointment past the Democrat filibuster.

19 posted on 11/14/2016 5:34:13 AM PST by DoodleDawg
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To: Eric in the Ozarks
I thought the GOP was keeping the “in session” status even in recess just to prevent this on't trust sort of nonsense

I assume the R's have the sense to remain in session, ESPECIALLY, with Obama, but I don't trust any of them.

20 posted on 11/14/2016 5:36:33 AM PST by chiller (One from the Right - One for the Fight)
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