Obama could still force Merrick Garland onto court during ‘intersession recess’

The Washington Times ^ | January 2, 2017 | Stephen Dinan

[Cheerio]

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.

A smattering of activists has asked him to give it a try, but Mr. Obama has given no indication that he’s thinking about it. The White House didn’t respond to a request for comment for this story.

[Cheerio]

PHOTOS: See Obama's biggest White House fails

[G Larry]

Simple, leave the Senate in session, with a couple staying behind in the well of the Senate, during the inauguration.

(I’m sure we’d find a couple of volunteers...)

[glorgau]

Wouldn’t put it past him to give it a try...

Better to leave it in session just in case.

[airborne]

Simple, leave the Senate in session, with a couple staying behind in the well of the Senate, during the inauguration.

I hope they do.

This sneaky SOB will try it. He is just that kind of scumbag POS!

[Old Retired Army Guy]

Mc Connell can Gavel out the old session and gavel in the new session all in the same sentence with no break.

[bigbob]

In a way I wish he would, because it would trigger such a crisis that it would besmirch his “legacy” forever. So, he won’t.

[Sacajaweau]

http://www.brownpoliticalreview.org/tag/intersession-recess/

[faucetman]

No he can’t! FAKE NEWS

[JerseyDvl]

I hope that Mitch does so because this Communist is all about causing chaos on his way out the door. There is nothing that is to low for this bottom dweller to attempt. His destruction of America is already nearly complete.

[ptsal]

Can old Gobbler McConnell think that far ahead?

[Rusty0604]

I keep seeing articles from liberal media about what Obama can do to screw Trump before his inauguration, then the talking heads get into the act. They are like desperate wild animals fighting death. It makes them feel so powerful to get in as many swipes at Trump supporters as they can, while they still can. It all started immediately after the election.

[Savage Beast]

Can McConnell be relied upon not to sell the American People down the river?

[yukong]

Judge Merrill would be a fool to go along with this. He would lose his current seat if Obama did this. Then would lose the SCOTUS seat down the road. He would then be out all together.

Not going to happen.

[Boomer]

No he can’t! FAKE NEWS

There's been a lot of that lately. I think it like throwing the losing dog a treat once in a while to get their minds off the loss and keep their hopes up. Hope is a big deal. Without it they truly have lost. Psst: I'm good with that!

Probably a bad analogy since I abhor dog fighting but you get the point I'm sure.

[Paddy Irish]

Who says it has to be Garland? He could appoint anybody he wants from what I understand. A second choice could be any retired judge.

[Savage Beast]

You're right, but what occurs to me when I see these chatterati passing their inane opinions around is how mediocre-to-inferior their intelligence is and how a towering intellect like Trump's can knock them over like toy soldiers.

I also marvel, with great relief, at how the American People--average Americans--saw through the dim-witted propaganda of these dim-witted people, ignored them, and elected Trump to the Presidency, proving to history and all the world that these so-called "reporters" are of less than average intelligence.

Now that these dim-wits have been relegated to irrelevancy--and will be even more as Trump gets cranked up--they are not even funny; they are just plain boring.

[Cheerio]

http://www.brownpoliticalreview.org/tag/intersession-recess/

It would appear you are spot on. Obie the destroyer of nations cannot recess appoint him since the seat is already vacant at the time Mc Connell Gavels out the old 114th Congress - but then I don't trust the Robert's SCOTUS any more than I can throw it beyond SCOTUScare and Gay Marriage.

Ascertaining the answers to these questions depends on one’s mode of constitutional interpretation. To originalists, the Recess Appointments Clause would seem to reach only those vacancies that actually arose during an intersession recess. First, since the phrase “that may happen” would be textually meaningless if construed to include all vacancies that merely exist during a recess, the clause was unlikely intended to include those recesses that arose when the Senate was in session.