Do you think Obama will use the recess appointment to get Garland to the SC?

[WhaTHellsgoingonhere]

Last edited Fri Mar 18, 2016, 01:38 AM - Edit history (2)

Maybe that's part of the R calculation: "Hey, we're really not stopping you. You want him, you can get him...tyrannical dictator"

[onenote]

1. There would have to be a recess for that to happen. And there won't be one.

So the answer is no.

[msongs]

4. this nt

[leveymg]

11. Agree. No recess, just gym class until January.

[k8conant]

2. If that's what it takes

I hope he will.

[mountain grammy]

3. No, because unlike republicans, he respects the constitution.

[WhaTHellsgoingonhere]

9. The Recess Appointment is in Article II, Section 2 of the Constitution. Isn't it his duty to follow

the Constitution?

[onenote]

12. Yes. And the recess clause has been interpreted in such a way as to limit its use to an actual

recess of a minimum prescribed length and the repubs, who control the Senate, will not allow such a recess to occur. So a president that respects the Constitution, as interpreted by a unanimous Supreme Court, isn't going to make a recess appointment that violates the Constitution.

[WhaTHellsgoingonhere]

13. OK, so what some of you are saying is, if they go on recess and he makes an appointment

they'll just return and end the recess, therefore it wouldn't satisfy that condition.

[onenote]

15. Not exactly. When a recess is called, it typically is for a set period.

The Senate declares it will be in recess from date X to date Y. The Supreme Court has held that a recess of less than 10 days is presumptively too short to trigger the recess clause. So to preempt the opportunity for the President to make a recess appointment, the Senate simply sets the period of recess at less than 10 days. If the Senate intends to be on a break of longer than 10 days, they simply divide it up into periods that are shorter than 10 days by holding "pro forma" sessions during the break.

[WhaTHellsgoingonhere]

20. This place has so many smart people. Thanks for the thorough explanation

[onenote]

21. A long time ago, as a young lawyer, I had to research a recess appointment issue

and I've maintained my interest in the subject ever since.

[mountain grammy]

23. I know what you mean......

My smartest posts are usually "K&R"...

[mountain grammy]

22. Oops my bad...thanks

of course it is..

[giftedgirl77]

5. Considering his last recess appt got overturned &

no recess is going to happen I'm going with no.

[GoneFishin]

6. If he does then he could have appointed an actual liberal. "But 11-1/2 dimensional chess ..."

[pampango]

17. Exactly. Garland seems to be a decent, competent judge but no liberal like Kagan or Sotomayor.

He seems happy where he is and honored to be nominated to the SC but knows that the odds of his being confirmed are quite low. His nomination puts republicans in a box (of their own making). If indeed they refuse to confirm him, they look like partisan idiots since Garland is someone that is extremely competent and not all that liberal.

As the prospect of a nominee by Bernie, Hillary or the Donald gets closer, Senate republicans will see things much differently. (For now they worry about keeping their "Don't cooperate with Obama" wacko fringe from rebelling even more.) Then Garland 'withdraws' from consideration since his nomination has been so 'controversial' and returns to the job he is content with anyway. Then Obama, Hillary or Bernie nominate someone like Kagan or Sotomayor or even more liberal. What do republicans say then? "Bring back Merrick. We actually liked him a lot."

Obama seems to understand that republicans have - once again - backed themselves into a corner with their partisan rhetoric. It must be nice to watch them twist in the wind of their own words.

[GoneFishin]

18. I was being sarcastic, but you make some good points. It could shine a bright spotlight on what

giant assholes they are.

[Agnosticsherbet]

7. No, no he won't.

[bottomofthehill]

8. Recess Appointment is only good through the end of this Congress.

He would be on the court for less than 9 months. Recess appointments even to a lifetime position are only good for the Congress that they are recessed in.

[onenote]

10. Nope. Recess appointments last until the end of the "next" session

If the recess was an "intersession" recess (one occurring between the end of the 2nd session of the 114th Congress and the beginning of the 1st session of the 115th Congress, the appointment would last until the end of the 1st Session of the 115th (the end of 2017). And if its an intra session appointment, it would be include the rest of the current session and all of the the 1st Session of the 115th.

http://www.senate.gov/CRSReports/crs-publish.cfm?pid='0DP%2BP%5CW%3B%20P%20%20%0A

But it really doesn't matter because there isn't going to be a recess in which a recess appointment could be made unless the Democrats capture the Senate and after convening the 115th Congress but before inauguration day, a recess is called so Obama can make appointments. But that's not going to happen if a Democrat has won the Presidency, since the incoming Senate will defer to the incoming President.

[Lil Missy]

14. No, I think Congress will use the recess appointment to get Garland to the SC. n/t

[onenote]

16. How would that work? The repubs are going to intentionally call a recess

to open that door? Do you think that their rabid followers wouldn't go nuts at their allowing that?

Not going to happen.

[Lil Missy]

24. More specifically, after the election and before the new President is seated,

that's when it could happen - IF Hillary wins the election. There is some indication that Mitch McConnell has already affirmed that. So if Hillary wins, they will do the recess appointment. If the Republican wins, the deal is off.

I'm sure there's a link somewhere but I heard it being discussed on one of the MSNBC shows.

[B Calm]

19. No

It's too good watching Republican Senators not doing their fucking job.