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White House Rules Out Recess Appointment to Replace Justice Scalia
abc ^ | 2/14 | mallin

Posted on 02/14/2016 4:03:05 PM PST by RummyChick

As speculation swirls over whom President Obama could nominate to succeed Justice Antonin Scalia on the Supreme Court, the White House is ruling out the possibility of an appointment while the Senate is out of town.

"Given that the Senate is currently in recess, we don’t expect the President to rush this through this week, but instead will do so in due time once the Senate returns from their recess," White House Principal Deputy Press Secretary Eric Schultz told ABC News. "At that point, we expect the Senate to consider that nominee, consistent with their responsibilities laid out in the United States Constitution."

(Excerpt) Read more at abcnews.go.com ...


TOPICS: News/Current Events
KEYWORDS: scalia; scotus
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To: stylin19a

Yes, it is in recess. 10 days. thank goodness it wasn’t 11 DAYS.

https://www.fas.org/sgp/crs/misc/R42977.pdf


101 posted on 02/14/2016 5:44:35 PM PST by RummyChick
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To: ScottfromNJ

As Scalia explained in a lengthy statement from the bench that followed Breyer’s summary of the Court’s decision, he and his three colleagues would have held that the president’s recess appointments power is substantially more limited than the Court ruled today.

http://www.scotusblog.com/2014/06/court-strikes-down-recess-appointments-in-plain-english/


102 posted on 02/14/2016 5:48:21 PM PST by RummyChick
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To: RummyChick

This compromise, which voided Obama’s appointments but left the recess appointment power largely untouched, led Justice Antonin Scalia to write a concurring opinion that read like one of his blustery dissents. He thought the Court should have gone further, regardless of the long historical practice of inter-session recess appointments. There is no “adverse-possession theory of executive authority,” he wrote. Worse, perhaps, from his point of view, may have been the Court’s embrace of pragmatism instead of looking solely to “the plain, original meaning of the constitutional text.”

http://www.scotusblog.com/2014/06/symposium-noel-canning-and-the-hesitant-court/


103 posted on 02/14/2016 5:50:26 PM PST by RummyChick
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To: HiTech RedNeck

They are adjourned. They will probably be back in session on Tuesday morning to initiate an investigation into the murder of Justice Scalia. Quite a few Freepers are already working the investigation, I’m sure that at least one of them has already solved the case.

Fortunately, Cabela’s is open tomorrow.


104 posted on 02/14/2016 5:50:50 PM PST by centurion316
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To: garyb

what about Obama considering becoming the replacement?


105 posted on 02/14/2016 5:54:08 PM PST by native texan (Texans should be independent thinkers)
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To: centurion316

You still refuse to acknowledge the explanation by the Congressional Research Service.

https://www.fas.org/sgp/crs/misc/R42977.pdf

They are in what is commonly referred to as an intersession recess but formally known as “adjournments for more than three days”

It’s a recess. It’s what the Canning decision was all about.


106 posted on 02/14/2016 5:57:19 PM PST by RummyChick
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To: RummyChick

NEVER BELIEVE THE KENYAN!


107 posted on 02/14/2016 6:02:10 PM PST by ex91B10 (We've tried the Soap Box,the Ballot Box and the Jury Box; ONE BOX LEFT!)
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To: RummyChick

Duh, The CRS Report is a year before the SCOTUS decision. Nice try. Let me know when you have heard from a higher court.

Did you know that Cruz was born in Canada? That is probably connected someway to the mysterious death of Scalia.


108 posted on 02/14/2016 6:04:40 PM PST by centurion316
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To: centurion316

The SCOTUS decision did not change the parliamentary rules.

Sheesh.

Just keep screaming your idiocy..maybe sooner or later you will recognize you don’t know what you are talking about.


109 posted on 02/14/2016 6:06:54 PM PST by RummyChick
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To: RummyChick

I believe that you are the one screaming and sending posts to yourself. The problem is that I don’t recognize you as an expert. Enjoy yourself.


110 posted on 02/14/2016 6:12:10 PM PST by centurion316
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To: centurion316

I have given you the experts. You can actually find a guide to the House rules and procedures on the internet. Probably Senate, too. You look like an uninformed idiot. But carry on


111 posted on 02/14/2016 6:16:05 PM PST by RummyChick
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To: PIF

Now that’s spectacular!

So, he appoints 5 rockribbed young conservatives, and we wait for the old hippies to die off, or resign in frustration.


112 posted on 02/14/2016 6:23:32 PM PST by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves Month")
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To: RummyChick
As speculation swirls over whom President Obama could nominate to succeed Justice Antonin Scalia on the Supreme Court, the White House is ruling out the possibility of an appointment while the Senate is out of town.

Translation: the White House is fast-tracking recess appointment to replace Justice Scalia.

113 posted on 02/14/2016 6:28:43 PM PST by BradyLS (DO NOT FEED THE BEARS!)
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To: dp0622

The President has a perfect right to nominate someone on his time frame. And the Senate has a perfect right to consider said nominee on their time frame. And they should consider any nominee by this lame duck President LONG and hard.


114 posted on 02/14/2016 6:38:29 PM PST by Vesparado (The American people know what they want and they deserve to get it good and hard --- HL Mencken)
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To: RummyChick

Great article here on the “Thurmond Rule”: http://www.city-journal.org/2016/eon0214af.html


115 posted on 02/14/2016 6:56:41 PM PST by Vesparado (The American people know what they want and they deserve to get it good and hard --- HL Mencken)
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To: PIF

The Courts are organized by Congress and the current size of the Court, nine members, was set in the 1860s, it has had less than that, by law, at times.


116 posted on 02/14/2016 7:10:04 PM PST by Tanniker Smith (Rome didn't fall in a day, either.)
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To: RummyChick

Obammy would rather team up with the press and give the republicans a hard time while they refuse to confirm the muslim he’s gonna nominate. They’ve calculated that will benefit the dems the most politically.


117 posted on 02/14/2016 7:13:02 PM PST by kjam22 (America needs forgiveness from God..... even if Donald Trump doesn't)
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To: RummyChick

not in recess. In pro forma session

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

note #16 - Orders for Monday

“Mr. McCONNELL. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn, to then convene for pro forma sessions only, with no business being conducted, on the following dates and times, and that following each pro forma session, the Senate adjourn until the next pro forma session: Monday, February 15, at 11 a.m.; Thursday, February 18, at 9 a.m.; I further ask that when the Senate adjourns on Thursday, February 18, it next convene at 3 p.m., Monday, February 22, unless the Senate receives a message from the House that it has adopted S. Con. Res. 31, and that if the Senate receives such a message, it stand adjourned until 3 p.m., Monday, February 22; that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, and the time for the two leaders be reserved for their use later in the day; I ask that following the prayer and pledge, Senator Coons be recognized to deliver Washington’s Farewell Address; further, that following the reading of Washington’s Farewell Address, the Senate be in a period of morning business until 5:30 p.m., with Senators permitted to speak therein for up to 10 minutes each.

The ACTING PRESIDENT pro tempore. Without objection, it is so ordered.”


118 posted on 02/14/2016 8:24:20 PM PST by stylin19a
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To: stylin19a

You are not understanding the process. Read up on it.

House consented. No pro forma.

Start reading with the link I gave to the Congressional Research Service. It outlines the procedure.

What they did is an” Adjournment for more than three days” as opposed to a Adjournment sine die.

It is an intersession recess. No pro forma. Read up on the Senate or House rules under that category.


119 posted on 02/14/2016 8:31:25 PM PST by RummyChick
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To: Dilbert San Diego

Maduro didn’t seem to have a problem doing it.

Funny how when you control the army and are willing to use it, all manner of things are possible.

Maduro is getting ready to line up the newly elected opposition leaders against a wall any day now.

The situation in DC isn’t going to be solved by the political process

http://www.pulseheadlines.com/venezuelan-supreme-court-supports-maduros-emergency-decree/17490/


120 posted on 02/14/2016 8:39:22 PM PST by Rome2000 (SMASH THE CPUSA-SIC SEMPER TYRANNIS-CLOSE ALL MOSQUES)
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