Posted on 01/02/2017 1:41:47 PM PST by HarleyLady27
Obama has one last chance to force his pick for the Supreme Court, Merrick Garland, on to the highest court in the land.
Obama will have a 5 minute window known as “intersession recess” when he can force the move.
(Excerpt) Read more at thegatewaypundit.com ...
Let’s hope he does.
A year is the MAX he would serve. He could be replaced at any time as soon as Trump gets a regular replacement through the Senate. Then the “recess” Justice goes bye-bye. Probably before SCOTUS even meets for its next session, so Garland wouldn’t get a chance to even sit on the bench.
Perhaps Ruth will just “leave the building” ala Elvis.
If he does it, impeach him
Nonsense. There is no such time window. The old class of senators leave office at precisely the time the new class of senators take office.
Moreover, there is a Senate rule that a nomination cannot be taken up the same day the President submits it, except by unanimous consent. So, the nonexistent time window would not only have to exist, it would have to be at least a day.
The fact that Obama isn't commenting on whether or not he'd do it tells us everything we need to know: he's going to do it. He's all about forcing Constitutional issues. That's been the hallmark of his mis-administration.
He has committed acts way beyond impeachment...
He has committed acts way beyond removal by the sergeant of arms....
He has committed acts way beyond his constitutional authority....
Frequently.....
And he knows it full well....
We point at him, but it is Congress. Congress puts little restraint on him. It is their job to enforce the constitutional checks and balances, and Congress has failed us.
I am talking about Garland
Sorry....I was preaching to the choir about O.
The Rats in the Senate would filibuster his replacement for as long as they could. The question is this: Would the Senate Republicans change the rules to prohibit a filibuster of a SC nominee, too?
Here is the article I was talking about ..... finally found it via a Hot Air link. Very detailed, which is what I remembered. Based on the info in this article, I didn’t then & still don’t see how the ‘Rats/Obama pull off getting Garland on SCOTUS.
No, Senate Democrats Can’t Use The ‘Nuclear Option’ To Confirm Merrick Garland
http://thefederalist.com/2016/12/07/no-senate-democrats-cant-use-nuclear-option-confirm-merrick-garland/
Thank you so much, when this comes up again, we are loaded with bear!!!
Thanks!!! Appreciate the ping :)
I think they should run the sessions together without the five minute break.
“Here is the article I was talking about ..... finally found it via a Hot Air link. Very detailed, which is what I remembered. Based on the info in this article, I didn’t then & still don’t see how the ‘Rats/Obama pull off getting Garland on SCOTUS.”
Thanks, that article is pretty convincing and the comments on it are very entertaining. I still wouldn’t let my guard down. Many of the arguments against the recess appointment are based on following rules and precident, DemocRATS do neither. Republicans beware.
I do believe that if the SCOTUS had not already ruled against Obama on the NLRB “recess” appointments & if their ruling didn’t say: “the recess” applies to both intra-session and inter-session recesses, that the tin-pot law-breaking, constitution-trashing scumbag would try it.
Today is the day .... I guess we’ll see for sure how it goes!
You and I are in agreement that there are a lot of negatives and potential blow back associated with attempting a maneuver like this. To us, the risk-reward ratio would not be seen as favorable.
However, this is the guy who arrogantly boasted of using his pen and phone to get what he wanted, political fallout be damned. Remember, he routinely bypassed congress, recklessly ran up the federal debt, brazenly put treaties in place without the consent of the senate, and allowed an eleventh hour U.N. measure that stabbed Israel in the back. Obama does not think like we do or necessarily fear reprisals. He has the media in his pocket and they will always go to bat for him.
That said, he may decide that the Garland appointment might trigger some retaliatory actions. My view is that the Republican congress won’t do much against him (they are cowards) but Trump might. That alone may make Obama step back. We’ll see what happens at noon today.
If Obama appoints Garland by recess, the GOP base will demand payback from Congress, which will stiffen the GOP members’ spines considerably. We shall see.
As you’ve probably already noticed, the Republican congress’ first order of business is weakening the Independent Ethics Watchdog. These people are incorrigible. There is a raft of other more important things they need to get started on but instead they focus on something to protect themselves. They are there for them, not us.
With this gavel I both end session #.. and begin our next session.
No five minutes.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.