Breaking: Justice Scalia has died

[Arizona Willie]

Can President Obama make a recess appointment to replace Scalia?

Article II, Section 2 of the U.S. Constitution provides that:

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.​

Appointment and confirmation to the Supreme Court of the United States - Wikipedia, the free encyclopedia

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And good luck trying to unseat a sitting Supreme Court Justice especially when the next President is either Bernie or the Ice Queen.

Even if Republicans win ( not likely with this bunch of assholes ) they would have a hard time pulling a sitting Justice off the bench.

 

[eagle1462010]

OOPS......

Ilona Nickels, Congressional and Public Policy Expert

Part of the current upset with Majority Leader Reid is that he often cuts off the ability of Senators to use the non-germane amendment tool. See "Amendment Tree in the Senate" on this website for a further explanation.

An important exception to the filibuster hurdle are nominations – nominations are not legislation, and are treated differently. If a nomination is not scheduled for floor consideration by the Majority Leader, it cannot be offered in the form of an amendment to a bill. Therefore, the Majority Leader has significant influence over nominations.

In November 2013, Majority Leader Reid with the support of all but two Senate Democrats, changed the Senate's rules so that presidential nominations can be brought to a vote by a simple majority, 51 Senators, rather than 60 votes, which had been the prevailing rule for the last 40 years. The consequence of the change is that a President whose party is the majority in the Senate can get his nominees approved more quickly and more easily than before.

An important exception to this change – it does not apply to Supreme Court nominations. They can still be filibustered until 60 votes are reached.

 

[rightwinger]

Get real

All selections are political......Thomas's wife gets paid to fight Obamacare

And that was what the Founders Envisioned.............and exactly why the President needs confirmation by the Senate....................Checks and Balances............No free ride................and they will use this check to block any nomination before next year.

They can vote yes or no

That is their job. Stalling a nomination indefinitely is not constitutional. Neither is leaving an eight judge court for 16 months

Perhaps you can take that up with the Supreme Court with only 8 Justices sitting.........Perhaps.........and that process can be drawn out for a couple of years.

Yes it can

And what stops the Democrats who will take the Senate in 2017 from refusing to consider a Republican Presidents nominee?

What makes you think Dems will win any Senate seats this fall?

How?

Republicans have to protect 34 seats in a Presidential election year. Many in blue states

 

[bripat9643]

Oh look, Mr. Unelected Tyrannical Judges suddenly falls in love with the Court.

not to mention the "we the people" losers forget that "we the people" elected this president twice and WANT him to nominate justices.

little maroons.

he can nominate all he wants

getting in though may be harder

--LOL

so "we the people" only matters when it's the winger brigade at the far right of the loony spectrum?

okie dokie, nut bar.

hey cry all you want but just because a prezbo picks one

does not mean they get the seat

it is a fact

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Recess appointment if the Senate blocks voting on his nominee(s)

Republicans DO NOT HAVE A RIGHT TO A PERMANENT SUPREME COURT MAJORITY

The people of America do. We don't need a SC infested with commies.

 

[sealybobo]

please explain it .
if republican refuse obama nominee in senate.then what can obama do ?

Luckily the Democrats can use this politically.

 

[Arizona Willie]

please explain it .
if republican refuse obama nominee in senate.then what can obama do ?

nominate someone else.

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Recess appointment -=-- it's right in the Constitution but of course Republicans don't believe in the Constitution ( despite how much they claim to love it ) when it doesn't go their way.

 

[Redfish]

if there are only 8 justices and there is a 4/4 tie, then the lower court ruling becomes law. Not having the 9th justice will not stop the country.

Not true.

If there is a 4/4 split the lower court ruling is allowed to stand, however it is only applicable to that case and in that jurisdiction. Tie decisions to not set national precedence.


>>>>

wrong, a tie makes the lower court ruling stand and become precedent. there is no second bite at the apple.

 

[eagle1462010]

This is exactly how Reid owned a Graveyard of bills from the House in the Senate................

He simply didn't bring them to the floor and stacked them up with no actions.

 

[Redfish]

please explain it .
if republican refuse obama nominee in senate.then what can obama do ?

Luckily the Democrats can use this politically.

both parties will use it politically, don't be naïve.

 

[Arizona Willie]

Didn't Senate Democrats give President George W. Bush TWO wingnuts to the Supreme Court - John Roberts and Samuel Alito?

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And now Republicans believe they have some God given right to overthrow the Constitution ( which they claim to love ) and enforce a PERMANENT REPUBLICAN MAJORITY ON THE SUPREME COURT.

 

[eddiew]

if there are only 8 justices and there is a 4/4 tie, then the lower court ruling becomes law. Not having the 9th justice will not stop the country.

Not true.

If there is a 4/4 split the lower court ruling is allowed to stand, however it is only applicable to that case and in that jurisdiction. Tie decisions to not set national precedence.


>>>>

so let me get this straight ,,,it could be 4-4 all the way to nov ,,say trump wins and dems turn down all his choices ?? and the same for hill if repubs turn down all her choices What then ??

 

[sealybobo]

In the end Obama will appoint a moderate establishment corporate democrat. No nutter

 

[eagle1462010]

please explain it .
if republican refuse obama nominee in senate.then what can obama do ?

Put another nominee up again and start the process over again.

 

[eagle1462010]

if there are only 8 justices and there is a 4/4 tie, then the lower court ruling becomes law. Not having the 9th justice will not stop the country.

Not true.

If there is a 4/4 split the lower court ruling is allowed to stand, however it is only applicable to that case and in that jurisdiction. Tie decisions to not set national precedence.


>>>>

so let me get this straight ,,,it could be 4-4 all the way to nov ,,say trump wins and dems turn down all his choices ?? and the same for hill if repubs turn down all her choices What then ??

Scalia's seat will collect dust.

 

[Redfish]

please explain it .
if republican refuse obama nominee in senate.then what can obama do ?

nominate someone else.

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Recess appointment -=-- it's right in the Constitution but of course Republicans don't believe in the Constitution ( despite how much they claim to love it ) when it doesn't go their way.

a recess appointment can only be done WHEN THE SENATE HAS DECLARED ITSELF IN RECESS. The GOP controls the senate, they will not declare a recess as long as this remains unsettled.

 

[CrusaderFrank]

RIP

44 needs to get a Prog replacement in there immediately!!!
CrusaderFrank

Remember, we don't have to follow unjust rulings

"Progressive Fools made they decision; now let them enforce it!"

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The Constitution ( that Republicans claim to LOVE ) says Obama has the right and duty to nominate replacement Supreme Court Justices.

There is no restriction on nominating during his last year in office and, in fact, Republican Presidents have nominated during their last year.

The Contitution DOES NOT GIVE REPUBLICANS A RIGHT TO A PERMANENT SUPREME COURT MAJORITY.

What are Republicans going to do if they lose the next election and we get another Democratic President?

Going to DEMAND that he wait 4 more years until Repubs get another shot at it?

Pick a Conservative Italian American to fill the Conservative Italian American seat and it's all good

 

[eddiew]

please explain it .
if republican refuse obama nominee in senate.then what can obama do ?

Luckily the Democrats can use this politically.

both parties will use it politically, don't be naïve.

sure both will use it politically red but who do you see looking like the bad guys there?

 

[dani67]

please explain it .
if republican refuse obama nominee in senate.then what can obama do ?

nominate someone else.

ok
and republican do it again
then what ?

 

[Meathead]

Two words

RECESS APPOINTMENT

not a damn thing Republicans can do about it.

IT'S CONSTITUTIONAL AND HAS PRECEDENT

One word:

WRONG

The Senate does not have to recess. Some minor matter can be found to keep the Senate in cession:

Fourth, strongly on the Senate’s side, the decision left it largely up to the Senate to decide when it does take a recess, allowing it to avoid the formality of a recess by taking some legislative action, however minor or inconsequential and however few senators actually take part in some action.

Is a recess appointment to the Court an option? (UPDATED)

HA HA. You lose!

 

[rightwinger]

How things will play out

Obama will nominate a moderate left judge
Republicans will block the nomination
Hillary will win and Dems will take the Senate
A lame duck Republican Senate will move to approve the moderate
Obama will withdraw the nomination and defer to Hillary
Hillary will name a young liberal judge who will sit on the court for 30 years