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Is a recess appointment to the Court an option?
SCOTUS Blog ^ | 2/14/2016 | Lyle Denniston

Posted on 02/14/2016 11:12:59 AM PST by usnadad

The Constitution not only assigns to the president the task of making nominations to the Supreme Court, setting off Senate review that may or may not result in approval, but it also gives the Chief Executive the opportunity to fill a vacancy on the Court temporarily, bypassing the Senate initially, if a nominee languishes in the Senate without final action.

(Excerpt) Read more at scotusblog.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: 114th; bhoscotus; recess; saclia; scotus
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I have been wondering about this, I'm sure some others are as well.
1 posted on 02/14/2016 11:12:59 AM PST by usnadad
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To: usnadad

The Senate wouldn’t go into recess when Bush was President. I think it’s only fair to do the same now that Obama is President.


2 posted on 02/14/2016 11:14:58 AM PST by Cowboy Bob (With Trump & Cruz, America can't lose!)
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To: Cowboy Bob

The Senate is in recess only when it says it is.


3 posted on 02/14/2016 11:15:41 AM PST by fhayek
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To: usnadad

Schumer was asked today did he have someone in mind and he immediately said “No”. I guess that’s as far as he thinks his advice should go.

The way I read the constitution the senate should suggest some possible appointees, ergo give the president some advice, then the president selects one and a majority of the senate must approve him or her.


4 posted on 02/14/2016 11:15:46 AM PST by VerySadAmerican (Crouch down and lick the hands which feed you. - Sam Adams)
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To: Cowboy Bob

Aren’t they already in recess? McConnell needs to move asap.


5 posted on 02/14/2016 11:16:27 AM PST by Kenny (RED)
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To: fhayek

“The Senate is in recess only when it says it is.”

I have heard it is in recess right now! They need to call for an emergency session now so he can not do anything


6 posted on 02/14/2016 11:17:35 AM PST by blueyon (The U. S. Constitution - read it and weep)
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To: usnadad

If Grassley, as chair of Senate Judiciary, never puts the appointment on the committee calendar, doesn’t it just die there?


7 posted on 02/14/2016 11:18:33 AM PST by MHT (,`)
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To: usnadad

This is helpful. Thanks for the post.


8 posted on 02/14/2016 11:20:04 AM PST by Baldwin77
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To: blueyon

Obama making a recess appointment to the Supreme Court would be an act of political war, in my opinion.


9 posted on 02/14/2016 11:20:12 AM PST by fhayek
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To: usnadad

What does the Constitution have to do with Obama?


10 posted on 02/14/2016 11:20:53 AM PST by raybbr (That progressive bumpers sticker on your car might just as well say, "Yes, I'm THAT stupid!")
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To: usnadad

This is how the Republican will allow an appointment.


11 posted on 02/14/2016 11:21:15 AM PST by heights
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12 posted on 02/14/2016 11:21:28 AM PST by DoughtyOne (the Free Republic Caucus: what FReepers are thinking, 100s or 1000s of them. It's up to you.)
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To: blueyon

If the SCOTUS term end in June, any recess appointment would only be good until then, or is it the Congressional term? Would any new justice rule on an ongoing case if oral arguments have already been heard and not having the benefit of arguments?


13 posted on 02/14/2016 11:21:45 AM PST by Bobby_Taxpayer
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To: blueyon

The Senate is currently in recess until February 22. The recess began on Friday. Whether this opens an opportunity for a recess appointment depends upon how Senate leaders interpret an adjournment resolution approved last Friday. That will determine whether it will meet for brief activity during the recess, which could close that opportunity.


14 posted on 02/14/2016 11:23:51 AM PST by Bobby_Taxpayer
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To: fhayek

-— Obama making a recess appointment to the Supreme Court would be an act of political war, in my opinion. -—

Not a problem for a Marxist.


15 posted on 02/14/2016 11:24:02 AM PST by St_Thomas_Aquinas (Isaiah 22:22, Matthew 16:19, Revelation 3:7)
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To: fhayek

Not quite the way it works.....There are stips to it.


16 posted on 02/14/2016 11:24:39 AM PST by Sacajaweau
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To: Kenny

The senate met for 18 minutes on friday 02/12/2016.
The repubs got smart after Reid used this tactic when they were in power for the bush years beginning 2007.


17 posted on 02/14/2016 11:25:36 AM PST by stylin19a
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To: Bobby_Taxpayer

Term.....Next congressional term begins 01-3-2017


18 posted on 02/14/2016 11:26:37 AM PST by Sacajaweau
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To: stylin19a

So they are not technically in recess?


19 posted on 02/14/2016 11:26:42 AM PST by fhayek
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To: usnadad

Those czars have been working 24/7 for the past 7 years finding every in, out and punctuation mark in ways to undermine and destroy our country.

They will find a way.


20 posted on 02/14/2016 11:27:23 AM PST by Cowgirl of Justice
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