Posted on 01/01/2017 3:47:20 PM PST by jazusamo
President Obama will have one last chance to force Judge Merrick Garland onto the U.S. Supreme Court on Tuesday — but it’s a legal gamble and one that has so many pitfalls that even those who say he could get away with it believe it isn’t worth the fight.
Mr. Obama’s moment will come just before noon, in the five minutes that the Senate gavels the 114th Congress out of session and the time the 115th Congress begins.
In those few moments the Senate will go into what’s known as an “intersession recess,” creating one golden moment when the president could test his recess-appointment powers by sending Judge Garland to the high court.
(Excerpt) Read more at washingtontimes.com ...
Correct on all points, especially the last one. :)
Bump!
“He said Mr. Obama’s 9-0 loss in the 2014 case should still be stinging someone who earned his law degree from Harvard University and taught constitutional law at the University of Chicago.
“Does he want to go down that road again?” Mr. Fisher said.”
He might, but I don’t think it would stand up. Even “The DNC Four” joined in rejecting it once before.
If the president were a Republican in the exact same situation, I would advise him to exactly that.
That would give the left 1 year to get all their Constitution and society destroying cases to the USSC. The lower courts are already full of cases waiting for Mrs Bill's replacement of Scalia. They haven't gone away and a Court with 5 solid communists on it would expedite those appeals and we would have a machine gun series of Decisions that would dismantle the Republic the rest of the way. It would put us as close to factional war, real shooting war, as we have been since 1865. Instead of determining all their decisions then announcing them in June they would be issuing one or more dictats a week.
Whether or not, Trump should expose Obama’s sealed records, and, if he was ineligible to serve as President, declare his entire administration and all actions taken null and void.
In this case Chaos is the near term goal.
If the GOPe screws this the Hell will render McConnell a footnote.
That which doesn’t exist can’t be exposed. There are no authentic Obama records existant
“Trump should expose Obama’s sealed records.”
Under what Executive Power would you suggest President Trump expose Obama’s personal records?
I fully expect him to do it!
A recess appointment would last for two years.
Congress would probably expand the High Court if Obama tried it.
The size of the SCOTUS can be changed by statute.
Yup. He appoints someone other than Garland. Like Hillary, Holder, or one of dozens of other cronies who have nothing else going on for the next year anyway.
Can’t Congress impeach and remove them?
“That which doesn’t exist can’t be exposed. There are no authentic Obama records existant”
And,,, I thought only the certificate holder could release them to the public?
The RINOs of Congress have repeatedly shown themselves to be far too gutless to do that.
What prevents Senate from eliminating the 5 minute gap by delaying the fall of the gavel ending the 114th Congress until exactly noon?
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