Posted on 02/13/2016 8:01:40 PM PST by servo1969
Nightmare scenario-
FOX News reported this afternoon that Barack Obama can appoint a left-wing Supreme Court Justice after the Republican Senate adjourns on January 3, 2016.
Obama will then have 17 days to nominate a far left justice to the Supreme Court.
11 of 12 previous recess appointments were approved by the senate.
This came up in discussion after news broke that conservative Justice Antonin Scalia was found dead today.
This would be his last 'eff-you' to the American people before he leaves office.
God help us.
and if Trump or Cruz are elected in November do you think the GOPe is going to do the right thing by them??
Well, then, I say let him go for it :-)
Eisenhower appointed Earl Warren using a recess appointment after the death of a Supreme Court justice.
If that is the case, the Senate can not adjourn. They can earn their money for a change.
From what I read, when Eisenhower made recess appointments to SCOTUS, the justices only could serve until the end of the Congressional term.
Exactly, so a Jan 2017 recess appointment would expire a few days later. Hardly worth the point.
The Senate better not adjourn then.
“This would be his last ‘eff-you’ to the American people before he leaves office. “
I really doubt that.
“Solution. Don’t adjourn.”
They do, they better not come back. Stay in full session.
The Senate is in recess now, Elizabeth Warren could be on the Court Monday, until the end of the next Senate session.
It’s pretty unlikely. Not impossible: should the Dems win the Senate decisively enough in November, 0bama could make a recess appointment who would be later confirmed in a newly-Democrat Senate. I am uncertain as to what options a new Republican President would have in that case. Should the Presidency go Democrat as well, it doesn’t really matter because they’d do anything they wanted anyway. We have a lot riding on November.
If the Senate refuses to cooperate with the President, then he will have no choice but to make a recess appointment.
As the Supreme Court is to decide on his immigration executive action this term, it would make sense for President Obama to make the recess appointment for that reason alone.
Not happening. The Senate will not be in recess.
Obama tried this with some other appointments, and the courts shot him down.
All the Senate has to do is wait until 1159 that morning to adjourn 'sine die' and 0bola will not have a chance to make a recess appointment.
Even if they adjourn sine die earlier than that, all recess appointments expire the moment a new Congress is sworn in. All appointments requiring Senate confirmation MUST be confirmed by the Senate before they become permanent. There is no backdoor process to a permanent position on the court.
"Ceterum censeo 0bama esse delendam."
Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)
LonePalm, le Républicain du verre cassé (The Broken Glass Republican)
a recess appointment wouldn’t be permanent though... apparently.
Get rid of this. Or change the title.
It references LAST month.
He knows the Repubs won't say a word. THEY ARE ALL on the same team.
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