Posted on 02/14/2016 4:03:05 PM PST by RummyChick
Not quite, if it then depended on a motion being made to set it into action.
The motion, as this reads, could be an adjournment or a recess motion.
It’s boiler plate from previous adjournments and recesses. The motion would determine what it actually was.
Once again we have the ball less feckless fake phoney fraud GOP to count on to do the right thing. And they sit stunned at the trump phenom swirling around them. YOU FAILED THE AMERICAN PEOPLE, yeah you know the ones who voted for you and you decided after you got in to give us the finger, those American people.
Obama doesn’t need a recess appointment, the Republican party will give him his second nomination, whoever that may be.
They will throw a tantrum over the first, raise money on it, get all the rubes worked up, then pretend to grudgingly go along with the second nomination, saying they had no choice, they had to do it because “so and so was fair” and “what if Hillary or Bernie wins?” “We had to take this deal!”
This ensures decades of further fundraising against the “liberal” courts.
They are in recess. Read this. Maybe it will help you.
https://www.fas.org/sgp/crs/misc/R42977.pdf
Pro forma sessions are used when there has not been an agreed upon resolution.
House agreed. No pro forma sessions.
The Constitution provides that neither chamber may adjourn for three days or more without the
consent of the other. The two houses consent to each other’s sine die adjournment by adopting a
concurrent resolution, called an “adjournment resolution.†They use a similar vehicle to allow
each other to suspend their daily sessions for three days or more without terminating their annual
session. Such a suspension is called a “recess of the session,†an intrasession recess, or, more
formally, an “adjournment for more than three days†within a session. To avoid the need for a
concurrent resolution, a chamber may hold
pro forma sessions
on such a schedule that no break of
three days or more occurs.
https://www.fas.org/sgp/crs/misc/R42977.pdf
It is not in recess.
They can’t help not, not lie.
It is in recess. Congressional Research Service lays it out here
https://www.fas.org/sgp/crs/misc/R42977.pdf
The Senate has the authority to decide.
http://www.scotusblog.com/2016/02/is-a-recess-appointment-to-the-court-an-option/
The Court addressed this in 2014
“”With the track record of this Admin for telling the truth, expect a Hard Core Leftist nominee on Tuesday.
Count on it. “”
My thought exactly....reverse what they say to learn the truth.
They are playing politics here, not suddenly discovering the Constitution. They want to seem oh so reasonable, and their nominee oh so moderate, in order to squeeze it through with the usual arm-twisting. They know they never will get an ultra-liberal confirmed. All they need is someone who will vote their way on the right to bear arms.
I founnd one resolution where POTUS agreed to no recess appointments so everyone felt comfortable going into recess.
Perhaps the same was done this time.
I will be shocked if he doesn’t do a recess appointment. It is so like Jarrett.
I tend to believe higher powers said NO
See my post #88. SCOTUS gave the Senate to determine when it is in recess, or in session, they can do this at any time. The can have a pro forma session on Tuesday if they wish in spite of any Joint Resolution.
I’m torn.
I think taking the 2nd amendment away is a call for open revolt.
But i live in f...t NYC/USSR so it makes me a hypocrite to say that.
I WOULD catch the first flight to a hotel near a FReeper who could give me some quick lessons and join the battle.
I did pretty well wit an M4 at a target range. of course, no one was shooting back. It was awesome.
It depends what cases are coming up. Could be that a recess appointment will be there just long enough to do the necessary damage.
Yup, another opportunity to make the feckless Senate reps look like the fools they are on the big stage.
So fine... what did it decide?
The senate is not in recess.
Justice Breyer comments on Noel Canning:
“The majority explained that intrasession breaks and adjournments lasting only 3-10 days are presumptively too short”
So the current recess would have to exceed 10 days anyway, which it doesn’t since it’s exactly 10 days and no longer. Obama has no case for making an appointment.
Since Ted Cruz is a member of the Senate Judiciary committee, I’d expect him to devote his full energies to any nominee hearings given their importance to the future of the country.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.