Is it possible for a president to install someone on SCOTUS?

[ananda]

I'm asking because of this tweet from David Corn:

Link to tweet

[The Velveteen Ocelot]

1. The Senate has to confirm the appointment.

Article II of the Constitution says: "he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court..." Just installing someone without confirmation would be unconstitutional. Trump wouldn't care about the Constitution, but even the GOPers in the Senate might draw the line at that. Bannon does not even have a law degree.

I hope Corn is kidding.

[irisblue]

2. naw. Senate has a Constutional duty to advise & consent.

The last Senate failed in that duty, bigly

[irisblue]

3. but Corn does have a right sharp sense of satire.

[ananda]

12. Thanks. That makes sense!

[former9thward]

4. Internet false news.

[The Velveteen Ocelot]

5. I would hope so.

[Ms. Toad]

6. The scary thing is -

He could appoint Steve Bannon - and it would be up to the Senate to block him.

[elleng]

7. He can nominate whomever he wants,

and the Senate gets to 'advise and consent.'

Recall we/some wanted President Obama to 'install' Judge Garland, during a recess?

[blogslut]

8. I almost @ him for that

He was being sarcastic but it fell flatter than a pancake.

[The Velveteen Ocelot]

9. That's because it's almost believable.

Poe's Law.

[Blue_Roses]

10. Exactly!

In these crazy times satire often becomes our new reality. The things we used to laugh about now scare the shit out of us...

[2naSalit]

11. Only by recess appointment, I think.

And that can only happen when Senate is in recess, only valid for one year. I think the rest of the SCOTUS would protest such an appointment on its face since he is so contemptible and has no respect for the law.

[tritsofme]

14. What sort of protest do you think SCOTUS could lodge?

There have been recess appointments to the Supreme Court, the most recent one that comes to mind is Earl Warren.

[tritsofme]

13. Yes, there are likely to be Senate adjournments that allow Trump to make recess appointments.

Over the next two years. With the opposition party controlling at least one chamber for most of the last 10 years, recess appointments have been largely thwarted, and the power itself narrowed considerably by the Supreme Court due to President Obama's ill conceived play in this area.

Bush was aggressive with recess appointments, I expect Trump will as well.