Obama STILL might be able to put Merrick Garland on the Supreme Court

American Thinker ^ | 11/14/2016 | Ed Straker

[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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[deport]

Dec. 2007 the Senate stay in session to keep President Bush from making appts.

http://www.cnn.com/2007/POLITICS/12/21/senate.pro.forma/index.html?iref=nextin

...Senate Majority Leader Harry Reid announced late Wednesday he would
keep the Senate open with a series of “pro forma” sessions through mid-January. ....

[billyboy15]

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.

[FirstFlaBn]

Mayberry vs Madison

Who was the lead attorney in that case, Andy Taylor or Barney Fife?

Is that you, Otis?

[philman_36]

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 Senate’s authority.

[Petrosius]

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.

[Buckeye McFrog]

Mayberry vs Madison

The case that struck-down the one bullet magazine limit.

[Alberta's Child]

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.

[Piranha]

I believe recess appointments remain throughout the next session of Congress.

[Piranha]

I don’t think so. I think a recess appointment remains in effect through the next session of Congress.

[Piranha]

My understanding is that it runs through the end of the next session.

[DoodleDawg]

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.

[Alberta's Child]

Right. And each house can change its own rules whenever it wants to.

[Eric in the Ozarks]

Thanks for the confirmation.

[Fhios]

Darn spell checker .... lol.

[Jane Long]

Turn about is fair play.

Go, Midge, go!

[montag813]

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.

[USCG SimTech]

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.

[Tanniker Smith]

Recess appointments are temporary. He can’t give him a lifetime appointment

[exit82]

Plus, McConnell can appoint a Senator to be present each day for a short time so the Senate is not officially in recess.

[chiller]

As the article states, “temporary” in this case would be 2 years.