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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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To: Bobby_Taxpayer

The next real recess is the summer recess...which is about 3 months.


21 posted on 02/14/2016 11:27:57 AM PST by Sacajaweau
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To: DoughtyOne

Some are concerned with the judges Trump might pick, even though he named TWO good conservative picks in the debate.. Cruz lied about that this morning on ABC.

First Roberts, now this.

Ted Cruz is good pals and voted to confirm Obama’s favorite for Scotus, Srikanth Srinivasan to another court.

Cruz, who clerked with Srinivasan at the 4th Circuit Court of Appeals, quipped, “I am hopeful that our friendship will not be seen as a strike against you by some.”

http://www.usatoday.com/story/news/politics/2013/04/10/obama-republicans-senate-judges-srinivasan/2068991/


22 posted on 02/14/2016 11:29:50 AM PST by AuntB (Illegal immigration is simply more "share the wealth" socialism and a CRIME not a race!)
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To: VerySadAmerican
Are you kidding> Don't believe Schumer.

The dims always have a plan. They knew AS was old and probably had his health records.

Dims never waste a chance to grab power.

23 posted on 02/14/2016 11:33:26 AM PST by ealgeone
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To: blueyon

Heard the same — that they are in recess until 22 Feb— next week. If so watch king obamaumao try to make a move. A recess appt. for the Supreme Court would be a very large public move, reserved usually for run of the mill appts. like someone to the “Civil Rights Commission” (which he did some time back when Cong. would not approve the person).

So, let’s see. McConnell only said— “should” be appointed by the next prez.... so.... did he go into the Senate well and pound the gavel into session-— like ASAP?

mack daddy obamaumao is a clever little turd world type.


24 posted on 02/14/2016 11:34:33 AM PST by John S Mosby (Sic Semper Tyrannis)
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To: AuntB

the guy just keeps getting better and better /s


25 posted on 02/14/2016 11:39:10 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: AuntB

You should cut and paste this comment on every thread, in case someone misses it the first several times.


26 posted on 02/14/2016 11:42:56 AM PST by Darth Reardon (During the Great Depression, World War I was referred to as the Great War)
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To: fhayek

that’s they way I understand it. course, I aint an expert.

The continuing resolution reads funny.

http://thomas.loc.gov/cgi-bin/query/D?c114:2:./temp/~c114H3ZQU7::


27 posted on 02/14/2016 11:43:50 AM PST by stylin19a
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To: St_Thomas_Aquinas; 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.

Clearly, we have been in a political war since both Hillary and O were lined up for the office of President. (She was lined up in the event O was challenged and found ineligible.)

Clearly, we have been in that war without effective political representation.

28 posted on 02/14/2016 11:50:32 AM PST by frog in a pot (That a NBC can be born in a foreign country to a foreign parent delights the one-world crowd.)
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To: Cowboy Bob

I’ll lay you even money the so-called Republican controlled Senate will roll over and play dead and let Obama make his recess appointment...


29 posted on 02/14/2016 11:52:40 AM PST by Exeter (Hillary Clinton's new campaign slogan-"NO! NO! NO! IT'S MY CROWN!")
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To: Bobby_Taxpayer

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. ............... Article 2 Section 2


30 posted on 02/14/2016 11:55:00 AM PST by shooter223 (the government should fear the citizens......not the other way around)
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To: fhayek

fox’s take

http://www.foxnews.com/politics/2016/02/13/obama-has-rare-parliamentary-window-to-make-recess-appointment-to-succeed-scalia.html


31 posted on 02/14/2016 11:58:40 AM PST by stylin19a
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To: fhayek

sorry to be a pain...that link didn’t work out so well.
Adjournment is conditional

http://www.senate.gov/pagelayout/legislative/d_three_sections_with_teasers/calendars.htm

http://thomas.loc.gov/cgi-bin/query/R?r114:FLD001:S50885-S50887


32 posted on 02/14/2016 12:07:31 PM PST by stylin19a
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To: VerySadAmerican

“...then the president selects one and a majority of the senate must approve him or her.”

...MAY approve him/her!

Jug ears has no say on whether the Senate approves anyone!


33 posted on 02/14/2016 12:10:36 PM PST by Beagle8U (Don't settle for Bill de Blasio's NYC 'values'.)
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To: heights

Assuming Trump/Rubio are elected, what’s to stop angry establishment ‘pub Senators from putting through an Obama nominee before the inaugeration?


34 posted on 02/14/2016 12:41:52 PM PST by grania
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To: Beagle8U

“must” approve him or her before him or her is seated on the bench.


35 posted on 02/14/2016 1:47:24 PM PST by VerySadAmerican (Crouch down and lick the hands which feed you. - Sam Adams)
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To: usnadad

It’s been done 12 times. 11 of them were subsequently confirmed.


36 posted on 02/14/2016 2:04:54 PM PST by TBP (0bama lies, Granny dies.)
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To: John S Mosby
The republicans, like so many other issues, are idiots the way they have handled this. Why go out and start making claims they will Not allow Obama to pick another Supreme Justice? Why not just say we need to mourn Scalia’s death first and then we will discuss the process going forward... Why telegraph to obama and the dems your plan? Don't be surprised if Obama appoints a new justice Monday by claiming the republicans had already stated they were not going to allow him the opportunity to nominate someone....
37 posted on 02/14/2016 2:42:26 PM PST by martinidon
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To: usnadad

Anything is possible with the Rinos in control of the Senate.


38 posted on 02/15/2016 6:49:40 AM PST by SaraJohnson
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To: martinidon

Well, a starting point— how do we check to see if the Senate is in session? And, who decides if they are in session? And, finally can session be declared remotely. Because, I think Reid did just that one time back awhile.

The “recess” notion is applied to “appointees” not nominations, and certainly not “senate approval required” nominations.

So this could be a Constitutional crisis— if the mack daddy obamaumao wants to make it so. With his booger finger placed upright on his temple, gang style. Pushing the limits. Time to Stand Fast. Defend the Nation from this foreign pestilence.


39 posted on 02/15/2016 12:26:21 PM PST by John S Mosby (Sic Semper Tyrannis)
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