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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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To: chiller
21
posted on
11/14/2016 5:38:45 AM PST
by
deport
To: DoodleDawg
The Democrat filibuster will last as long as the Rep allow it to last, that is if they have the stones to declare a simple majority will allow for all Judicial appts to pass.
To: Fhios
Mayberry vs Madison Who was the lead attorney in that case, Andy Taylor or Barney Fife?
Is that you, Otis?
To: chiller
Is a recess appointment to the Court an option? February 14th, 2016
The presidential authority at issue in this possible scenario exists, according to Article II, when the Senate has gone into recess and the vacancy a president seeks to fill remains. Such an appointment requires no action at all by the Senate, but the appointee can only serve until the end of the following Senate session.
Snip...
Could President Obama make a nominee during that recess? Only if the Senate is taking a recess lasting longer than three days, and does not come in from time to time during that recess to take some minimal legislative action. Both of those circumstances would be entirely within the Senates authority.
24
posted on
11/14/2016 5:40:48 AM PST
by
philman_36
(Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamiin Franklin)
To: chiller
No so. The position can only be filled with a recess appoint if it becomes vacant while Congress is in recess. Congress was in session when Justice Scalia died.
To: Fhios
Mayberry vs Madison
The case that struck-down the one bullet magazine limit.
To: DoodleDawg
The Senate can (and should) end the whole filibuster practice tomorrow. It has no basis in Constitutional law.
If it's worth having it, then the Constitution should be amended to require a 60% vote in the Senate for any Federal law to be passed.
27
posted on
11/14/2016 5:48:29 AM PST
by
Alberta's Child
("Yo, bartender -- Jobu needs a refill!")
To: rarestia
I believe recess appointments remain throughout the next session of Congress.
28
posted on
11/14/2016 5:48:56 AM PST
by
Piranha
(Power is not only what you have but what the enemy thinks you have - Saul Alinsky)
To: 4rcane
I don’t think so. I think a recess appointment remains in effect through the next session of Congress.
29
posted on
11/14/2016 5:49:29 AM PST
by
Piranha
(Power is not only what you have but what the enemy thinks you have - Saul Alinsky)
To: DoodleDawg
My understanding is that it runs through the end of the next session.
30
posted on
11/14/2016 5:50:14 AM PST
by
Piranha
(Power is not only what you have but what the enemy thinks you have - Saul Alinsky)
To: Alberta's Child
The Senate can (and should) end the whole filibuster practice tomorrow. It has no basis in Constitutional law. The Constitution allows each house to set its own rules.
To: DoodleDawg
Right. And each house can change its own rules whenever it wants to.
32
posted on
11/14/2016 5:53:24 AM PST
by
Alberta's Child
("Yo, bartender -- Jobu needs a refill!")
To: rollo tomasi
Thanks for the confirmation.
33
posted on
11/14/2016 6:01:26 AM PST
by
Eric in the Ozarks
(Baseball players, gangsters and musicians are remembered. But journalists are forgotten.)
To: Buckeye McFrog
Darn spell checker .... lol.
34
posted on
11/14/2016 6:03:06 AM PST
by
Fhios
(In the end Hillary, MSM, and Obama were beat by Trumps pure strategic genius.)
To: deport
Turn about is fair play.
Go, Midge, go!
35
posted on
11/14/2016 6:06:04 AM PST
by
Jane Long
(Go Trump, go! Make America Safe Again :)
To: anton; All
Garland is not a complete idiot. He would decline. Especially because Garland is ALREADY the Chief judge of the powerful United States Court of Appeals for the District of Columbia Circuit, which usually decides all Federal laws before the SCOTUS. If he leaves that LIFETIME position for a temporary post on SCOTUS, Trump will appoint his successor on the DC court, swinging it back to the GOP side.
To: Stingray51
Obama cannot pack the court so it has more than 9 judges without congress passing a law authorizing that. Correct. A Republican House and Senate.
To: chiller
Recess appointments are temporary. He can’t give him a lifetime appointment
38
posted on
11/14/2016 6:16:55 AM PST
by
Tanniker Smith
(Rome didn't fall in a day, either.)
To: chiller
Plus, McConnell can appoint a Senator to be present each day for a short time so the Senate is not officially in recess.
39
posted on
11/14/2016 6:17:54 AM PST
by
exit82
(Making America Great Again begins with........me.)
To: Tanniker Smith
As the article states, “temporary” in this case would be 2 years.
40
posted on
11/14/2016 6:18:54 AM PST
by
chiller
(One from the Right - One for the Fight)
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