Question: Can Bush do a mid-term appointment with Alito

[LynneSin]

Say the filibuster goes through and there is a log-jam getting Alito into the Supreme Court. Could Bush do a mid-term appointment just to get Alito on the bench even though Alito would have to be renominated/replaced after the next congressional term?

I'm thinking there will be a filibuster and Alito won't get the nomination. That's good for us because Sandra Day O'Conner stays in the seat and she is pro-choice. But could Bush make that appointment during recess just to get Alito on the bench for a short period of time to cause some havoc?

[Walt Starr]

1. He sure can n/t

[wicket]

8. He does whatever he wants

His recent "signing statments" are a great example of that. :grr:

[Walt Starr]

9. He has a constitutional power to make recess appointments

If Alito is not confirmed by the time Congress recesses, he can make a recess appointment.

Unfortunately for him, O'Connor's resignation has an interesting clause that she will remain on teh court until a nominee is confirmed.

[wicket]

12. I'm glad she did that then!

n/t

[MrModerate]

2. Alito's going to be seated in a walk.

No filibuster, no nothing. 70+ votes.

[madmunchie]

4. Right, like so much else...so much ado about nothing

Alito is in and the Democrats didn't touch him. What else is new?

[LynneSin]

5. Let's play chess sometime - I probably beat you in about 10 movies

Because with your gameplan you'll just tell me your entire strategy before you even move out your first pawn.

Reid would never ever in a million years announce we're filibustering this early in the game.

[rkc3]

7. Play 5 card stud with him - at least you can make a few bucks.

[MrModerate]

10. This isn't about Dems being crafty . . .

It's about there being no there there.

Alito has portrayed himself as highly competent (meaning he REALLY stands out among Schimpanski's other nominees), and "conservative" in a way that many (if not most) Americans think is just fine by them.

There's no traction. Certainly no traction for a filibuster.

[LynneSin]

11. The you know nothing about strategy

his record alone is worthy of a filibuster and even Joe Biden said that the hearings are pretty much a farce because the guy has been coached by the repuke advisers to say nothing.

Seriously, I'm thinking poker would be better than chess. I could use some extra cash!

[MrModerate]

13. Look, I don't deny that he's unfit to sit.

Only that he's gonna sit. No way can they launch and maintain a filibuster.

[LynneSin]

15. Well, then obviously you're not watching much of congress

they have the goods but they aren't talking about it.

Please go to the home page and read the newsarticle about how Biden thinks that these hearings should just go away because essentially they are broken.

And here is where you are absolutely wrong - Miguel Estrada.

When Estrada's nomination for the 5th Circuit court came up to plan the republicans used the same exact strategy as they are using now for Alito. They coached Estrada to say nothing and reply with vague answers. Now my other senator, Tom Carper, is a bit of a moderate and sometimes I worry that he's going to crossover and support some of these judges. And I wrote many times (like I am now) about filibustering Estrada.

Carper's first replies back towards me were "I'm keeping an open mind, listening to what is being asked & said in committee and even planning on meeting with the nominee to ask questions of my own. I'm especially interested in receiving specific information in certain areas about certain items"

Carper's final reply after he supported the filibuster was this: "Estrada refused to fully answer several key questions and release certain requested information. His vagueness justifies why I supported the filibuster.

Ultimately this happened:
http://www.cnn.com/2003/ALLPOLITICS/09/04/estrada.withdraws/

[LynneSin]

16. MY GOD YOUR DAMN CLUELESS

DId you even bother to read my last post

My moderate, a DLC-card carrying moderate democrat (That's Tom Carper) wrote to me and said he found

VAGUENESS WITH THE ANSWERS

(is that big enough so you can read it) as a legitimate excuse for the filibuster of Miguel Estrada. ANd they can keep filibustering him until he either answers the questions or Bush recess appoints him

[MrModerate]

17. Cranky, cranky, cranky.

I think you're wrong. I don't think the oomph is there for a filibuster. I watched the Estrada case and the whole tenor was different, and the ground was prepared for filibuster for weeks.

However, you're convinced that the dem leadership is girding itself for a fight on this one.

Let's wait and see.

[LynneSin]

18. Did you just read what Reid said

He even came out and said that he's asked democrats to not discuss the votes or anything about the filibuster.

They have every right to filibuster and their justification is clear as can be: Alito choose not to answer the questions, he was vague

[Ioo]

3. Can and would, but it would only be a few months,

Because all the terms Bush has end in 2007 when congress starts up, Jan 2007 I think, so he would be on the bench for 4 months tops

[LynneSin]

6. True and he would be renominated again because I don't think...

...democrats will get majority in the senate. I do think they'll get the house but we need 6 pickups and not lose a seat and one of those pickups has to be Ohio where Blackwell & Diebold controls the voting machines!

[goclark]

19. Look how much * does in a day, lots of damage

Lielito would be dangerous for one second on the court.

[McCamy Taylor]

14. No way he would do this, he wants a lifetime appointment.

[Roy]

20. I thought recess appointments were for an EMPTY seat...

Ms O'Conner said she will step down when a replacement is confirmed, didn't she?
It would appear until she actually steps down, there is no vacancy to fill.