[arthurus]

The President cannot make a recess appointment to the USSC, not Constitutionally, anyway. The USSC appointments must be confirmed by the Senate. Of course he might just do it and the Republicans in the Senate, being Republicans, might just go along with it. It would not surprise me terribly if he were to remove a justice. Perhaps he just did.

[exit82]

Perhaps he just did.

You are not the only one who wonders.

[BlackElk]

Where in the Constitution is Obozo prohibited from making recess appointments to SCOTUS? Article II, Section 2, Third paragraph, makes clear that the power of POTUS to make "recess appointments" applies to all offices to which he may nominate.

This language should be reconsidered by any Article V convention as it was designed to keep government functions going when travel was by horse and buggy and Congress only met for a few months each year.

In 2014, SCOTUS UNANIMOUSLY construed this section of the constitution to apply ONLY when Congress (by its own intention) is in a lengthy recess or adjournment for the session. It appears that this means actual adjounment of the session or after some disaster like Obozo's Islamonazi pals setting off a suitcase nuke in DC killing most members of Court and Congress while Obozo is playing golf in California or on Martha's Vineyard.