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Posted on 02/14/2016 11:49:21 AM PST by drewh
Obama said Saturday night that he would submit an appointment to the Senate, as part of his constitutional obligation, but “in due time.â€
This window is open next week and this week only.
In short: Both bodies of Congress are operating in the perfect parliamentary status in which a recess appointment would be applicable. The last such appointment to the high court came by President Eisenhower in 1956 when he appointed William Brennan.
Article II, Section 2 of the Constitution states that “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate.â€
This could be the window of time in which Obama has his chance to maneuver a recess appointment to the high court.
Article I, Section 5 of the Constitution states “Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.â€
That means that so long as both the House and Senate haven’t jointly agreed to “adjourn†for a stretch longer than three days, then there appears to be no way the president could make a recess appointment.
But the House and Senate are not operating under those circumstances right now. Both bodies of have adjourned until later this month for the President’s Day recess.
So, the House and Senate will not be meeting in the coming days. This is an adjournment and is not challengeable in court.
This is a true recess and an opportunity for the president should he elect to take it -- considering the political realities of the Senate and the position of its majority leader to potentially make a recess appointment.
(Excerpt) Read more at foxnews.com ...
they better get in session
The posters have advised that Congress is merely adjourned, not in recess. SO it appears my comment was in error, sorry. If Congress is not recessed, then McConnell wouldn’t have to issue any statement at all
O can still announce he is submitting a nominee to Congress, and O can still use his ‘bully pulpit’ to raise Cain.......but the nominee would have to wait for Senate confirmation, if any. An all McConnell would have to do is simply not schedule confirmation hearings or a vote, period. “The easiest thing in the world to do is nothing...”
I had to check the authorship of this piece. For a moment, I though it might have been written by Shep Smith.
Come to think of it, maybe 0bama will appoint Shep Smith.
We are so screwed.
I may be wrong.
For some reason the concurrent resolution as passed by the House says nothing about a pro-forma Senate meeting:
https://www.congress.gov/bill/114th-congress/senate-concurrent-resolution/31/text
(That’ll teach me not to use the caps key...)
Your take?
-—”The timing of Scalia’s death was awfully suspicious.”
And there is no autopsy either!!
He was “Breitbarted!”
One way or another, Obama will get a Progressive Court. I believe Obama will appoint Scalia's successor, and that McConnell and the Senate will confirm anyone Obama wants, including the odious Eric Holder.
Imagine a 5-4 Supreme Court decision interpreting the 2nd Amendment to ban the mere possession of handguns. It could happen. MILLIONS of us would not comply, of course.
But that could be the inflection point of the downfall of the American Republic, and quite possibly the traceable initiation of the 2nd American Civil War.
Oh please, don’t give us a heart attack!
Rut row, how f’s are we?
He was getting up in years, when it is not all that uncommon for folks to die. Let’s save the tinfoil for things like Arkancides, please.
That’s about it! On Facebook, someone suggested a “Native American” Supreme. All these libs can think of is identity politics. Like muslim refugees, an idea that will come to haunt.
This is a completely ridiculous scenario. No way anyone is going to recess appoint Scalia’s replacement before his funeral and a decent period of official mourning. This is pure tin-foil hat stuff.
An Injun huh
Huh? Please retype your post. Unintelligible.
If the easiest thing is to do nothing, Harry Reid was the best example of doing nothing. He would not even schedule bills for years and years.
Tinfoil shinfoil, we're dealing with communists here.
>>Looking for the right muslim, no doubt.
It will have to be an openly-gay muslim, preferably the child of an illegal immigrant, with a Harvard degree.
So, he nominates himself.
Presidio County Judge Cinderela Guevara, who pronounced Scalia dead, told ABC News the death certificate will say the cause of death was natural, and that he died of a heart attack. She said no autopsy was necessary.
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Guevara said she immediately recognized Scalia’s name as a U.S. Supreme Court justice and pronounced him dead over the phone at 1:52 p.m. on Saturday.
She planned to drive to the ranch - about 30 minutes south of Marfa - but returned when a U.S. Marshal told her by phone: “It’s not necessary for you to come, judge. If you’re asking for an autopsy, that’s what we need to clarify.”
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Scalia died in his sleep during a visit to Texas. A government official said Scalia went to bed Friday night and told friends he wasn’t feeling well. He didn’t get up for breakfast on Saturday morning, and the group he was with for a hunting trip left without him.
Someone at the ranch went in to check on him and found him unresponsive.
Marshals were not at the resort in Texas where he died, but were called there after the fact, a law enforcement source told CNN. Mashals help supplement security for traveling justices.
http://www.cnn.com/2016/02/13/politics/supreme-court-justice-antonin-scalia-dies-at-79/
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Cibolo Creek Ranch is in Presidio County. Presidio County does not appear to have a medical examiner.
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Art. 49.02. APPLICABILITY. This subchapter applies to the inquest into a death occurring in a county that does not have a medical examiner’s office or that is not part of a medical examiner’s district.
Art. 49.04. DEATHS REQUIRING AN INQUEST. (a) A justice of the peace shall conduct an inquest into the death of a person who dies in the county served by the justice if:
(1) the person dies in prison under circumstances other than those described by Section 501.055(b), Government Code, or in jail;
(2) the person dies an unnatural death from a cause other than a legal execution;
(3) the body or a body part of a person is found, the cause or circumstances of death are unknown, and:
(A) the person is identified; or
(B) the person is unidentified;
(4) the circumstances of the death indicate that the death may have been caused by unlawful means;
(5) the person commits suicide or the circumstances of the death indicate that the death may have been caused by suicide;
(6) the person dies without having been attended by a physician;
(7) the person dies while attended by a physician who is unable to certify the cause of death and who requests the justice of the peace to conduct an inquest; or
(8) the person is a child younger than six years of age and an inquest is required by Chapter 264, Family Code.
(b) Except as provided by Subsection (c) of this section, a physician who attends the death of a person and who is unable to certify the cause of death shall report the death to the justice of the peace of the precinct where the death occurred and request that the justice conduct an inquest.
(c) If a person dies in a hospital or other institution and an attending physician is unable to certify the cause of death, the superintendent or general manager of the hospital or institution shall report the death to the justice of the peace of the precinct where the hospital or institution is located.
(d) A justice of the peace investigating a death described by Subsection (a)(3)(B) shall report the death to the missing children and missing persons information clearinghouse of the Department of Public Safety and the national crime information center not later than the 10th working day after the date the investigation began.
http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.49.htm
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Nothing to see here. Move along.
“As part of my investigation, one of the things I did ask the sheriff and the U.S. Marshal: 'Were there any signs of foul play?' And they said, ‘absolutely not.’ At that time, I still wanted to be careful, and asked them if [Scalia’s] physician would call me.”
The justice’s personal doctor called Guevara at 8 p.m. Saturday night
“When [the physician] explained [Scalia] had just visited on Wednesday and Thursday and [the doctor] had done an MRI, then I felt comfortable what I knew was going on with him physically,” the county judge said.
Guevara said Scalia had gone to his doctor for a shoulder injury last week, but he also suffered from several chronic ailments.
Judge Guevara said she will fill out the official death certificate to be permanently filed in Presidio County after Sunset Funeral Home collects Scalia’s vital information.
http://www.wfaa.com/news/local/texas-news/scalia-to-have-autopsy-in-texas-according-to-state-law/42898331
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