The GOP's biggest crime IMHO

[left-of-center2012]

And their biggest insult to American democracy:

Stealing the Supreme Court's vacancy, which was rightfully President Obama's to fill.
Now Trump and his henchmen will fill the vacancy.

[uponit7771]

1. Can Obama just appoint and fuck the GOP? tia

[tosh]

2. I agree.

And to those A-holes with R's by their names imploring us to UNIFY:

Never! I cannot forget or overlook the obstruction, the disrespect and the ugliness you have shown over the past 8 years.

Never!

[diddlysquat]

3. This is unconstitutional.

Why can't the Democratic Party file suit over this?

[CousinIT]

6. Obama can appoint Garland to the USSC since the Senate didn't act

Not sure why he does not do so.

[discntnt_irny_srcsm]

8. If I understand correctly...

...POTUS can appoint someone to fill a vacancy that occurs while the Senate is in recess and such appointment expires at the end of the session.

[uponit7771]

9. yeap, but the GOP keeps the senate open so he can't do such. We need to fight in 18.. HARD

[discntnt_irny_srcsm]

12. We do need to plan for and fight hard in 2018

I believe (I don't completely trust my interpretation of Article II section 2) since Obama advanced a nomination, I infer that an appointment is no longer an option.

[pstokely]

16. wouldn't that be just for 2 years?

nt

[ehrnst]

4. Time for the Dems in the Senate to use the GOP playbook.(nt)

[SpankMe]

5. The GOP's biggest crime is merely existing. n/t

[kentuck]

7. It should be illegal.

Obama should take it to the 8-Justice Court and let them rule.

[usrbs]

10. White House Petitions to Obama: Appoint Merrick Garland Immediately

One of the most serious implications of the recent election is the fact that the highest level of all three branches of government will be under Republican control, leading to a lack of checks and balances.

Two petitions exist to urge Obama to appoint Merrick Garland immediately. I am not a lawyer, so my understanding of the constitutional issues is slim, but one argues on the basis of United States v. Olano that the Senate has, by excessive delay, waived its right to advise and consent on the appointment of Merrick Garland.

For more on the legal argument see the WP editorial, Obama Can Appoint Merrick Garland to the Supreme Court if the Senate Does Nothing

The first petition: Appoint Garland Now (Senate Has Waived Its Rights)

The second petition: We the People ask President Obama to immediately appoint Merrick Garland to the Supreme Court

http://www.dailykos.com/story/2016/11/10/1595938/-White-House-Petitions-to-Obama-Appoint-Merrick-Garland-Immediately

[longship]

13. Neither one of which passes muster.

POTUS appoints SCOTUS with the advise and consent of the Senate.

There is nothing in the Constitution about time limits, so there is none.

The only solution which is Constitutional passed last week, an election. We failed there.

Now we have to live with this situation.

Garland's nomination is effectively dead as of last week.

[Mosby]

11. obama can make a recess appointment

And he should in my opinion.

[SickOfTheOnePct]

14. They simply won't go into recess n/t

[Mosby]

15. yeah, I just read that.

Maybe Xmas day?