Obama Will Appoint USSC Justice As Recess Appointment

[RetiredGySgt]

Actually the President can NOT appoint during the second between the dissolution of one Congress to the start of the next the Court has already ruled that is NOT legal.

 

[ShootSpeeders]

You got it backwards...

The only person who got screwed is President Obama, with not getting his constitutional pick of this supreme court justice vacancy from a year ago...even vetted by the Senate.

Back in 2006 when Bush was in office, Obozo called for doing the same to bush's appointment to the SC. Karma.

 

[ShootSpeeders]

No, they are appointed for life....

Not recess appointments.

 

[eddiew37]

From the article

Perhaps most problematic for Mr. Obama is that recess appointments have a shelf life. Even if he succeeds in putting Judge Garland on the bench, the appointment would expire at the close of 2017 — and could end even earlier if the Senate confirms a full-fledged replacement named by Mr. Trump. Worse yet for Mr. Obama, Judge Garland would lose his seat on the U.S. Court of Appeals for the D.C. Circuit — oftentimes dubbed the second-most powerful court in the country. That means the president would be trading a lifetime of Judge Garland for less than a year of Justice Garland.

I don't think the monkey will do it.

I thought no recess appointments for sc people? Hope I'm wrong

 

[SavannahMann]

...robbing Trump / Conservatives of tne Pick...

Obama could still force Merrick Garland onto Supreme Court during ‘intersession recess’

Good.

Because that appointment would last only until Trump appointed his own Justice and got him/her confirmed. Then Garland would not be able to return to the Appeals Court, which means Trump would be able to appoint someone else to that seat.

Go for it Obama.

No, they are appointed for life....

Not in a Recess Appointment. If they are confirmed, it is for life.

Recess appointment - Wikipedia

If they are not confirmed, then the appointment ends no later than the end of the session of Congress. If the position is filled by someone else, someone confirmed, the recess appointment ends on that day. To get the job, Garland would have to give up his seat on the Appeals Court. He can't be a judge on two courts like that.

So if Obama does force Garland through in the five minute window, it will last no more than one session of Congress, or until someone else is confirmed, unless the Senate confirms him.

Even if Obama fills all the open Judge slots, it won't help them keep the jobs for long. Because again, Recess appointments only last until the end of the session of congress, or until someone else is confirmed. Thanks to Harry Reid, the Republicans do not need anything but a simple majority to fill the empty judge slots, but they do need a supermajority to end debate and vote on whomever is appointed to the Supreme Court, so at least 8 Democrats will have to agree to end debate on Trump's pick. Worst case, Garland serves for a year, the old Session of Congress ended on January 3rd. Then Garland steps down on his own.

http://www.senate.gov/CRSpubs/3d313cc2-9515-4533-b1f0-3f762cd09007.pdf

Let Obama name him in a Recess Appointment. I'll literally laugh my ass off. Because then Obama will have done the ultimate fuck you I'm taking my ball and bat and going home move, which will last at most for the Judgeships, a few months, and for the Supreme Court, a year.

 

[Coyote]

Impeached - libs will block it..and ss pointed out - no need.

Doing this is technically within Obama's right as President, to make appointments during the 'intersession break', not the 'intrAcession break'.

He already tried to Un-Constitutionally make appointments during an IntrAcession break and got hammered for it by the USSC. So there is no way in hell Barry doesn't do it when he can do so legally.

This is his chance to stack tbe deck and rob Trump / Conservatives of a USSC Justice pick!

Even if it is Temporary...It would / will be the 'ultimate' Barry 'F*-You' to Trump and Conservatived on the way out!

(Update: good point about leaving Garland's seat exposed / open....Obama might not make the move - something to weigh...but I will not be surprised if he does it.)

You mean the pick that Trump/Conservatives robbed him of? That pick?

 

[Syriusly]

...robbing Trump / Conservatives of tne Pick...

Obama could still force Merrick Garland onto Supreme Court during ‘intersession recess’

Not going to happen.

For the same reason you are not sitting in that FEMA concentration camp.

 

[FA_Q2]

The thread title is an outright lie considering that Obama has already stated he is not going to do this.

Legally speaking, this is on very shaky ground anyway and I doubt the appointment would hold up. Further, it would only spur congress to replace him as fast as they can. Trump would still get the pick (and a another major appointment as has been pointed out). Appointing garland would be politically asinine not to mention down right wrong.

 

[ScienceRocks]

Wouldn't it be funny if Obama appointed a transgender women to the supreme court;. I'd laugh;...hahahaha

 

[RetiredGySgt]

Wouldn't it be funny if Obama appointed a transgender women to the supreme court;. I'd laugh;...hahahaha

Once again for the slow stupid and retarded it is illegal and unconstitutional he can not appoint anyone between the shut down of one congress to the start of the next.

 

[FA_Q2]

Wouldn't it be funny if Obama appointed a transgender women to the supreme court;. I'd laugh;...hahahaha

Sure, it would be hilarious of Obama randomly appointed someone to one of the most powerful positions in the government out of spite and based on nothing more than how contentious it would be.

It would be even more funny of he became dictator right...

/sarcasm

 

[Little-Acorn]

No, they are appointed for life....

Until and unless they resign their seat top take up another (such as Chief Justice).

If Garland accepts the recess appointment, he must resign his post on the DC Circuit Court of Appeals

 

[Little-Acorn]

Obama Will Appoint USSC Justice As Recess Appointment


I didn't see in your post or article where Obama "will" give Garland a recess appointment. Only that he has the power to do so.

Where did it say he would definitely exercise that power for Garland?

 

[RetiredGySgt]

Good.
Because that appointment would last only until Trump appointed his own Justice and got him/her confirmed. Then Garland would not be able to return to the Appeals Court, which means Trump would be able to appoint someone else to that seat.
Go for it Obama.

No, they are appointed for life....

Until and unless they resign their seat top take up another (such as Chief Justice).

If Garland accepts the recess appointment, he must resign his post on the DC Circuit Court of Appeals[/QUOTE]
Look dumb ass recess appointments are NOT for life. They last until someone else is approved by the Senate or until the Congress starts again. Which ever comes first. You have been shown the law.

 

[Moonglow]

...robbing Trump / Conservatives of tne Pick...

Obama could still force Merrick Garland onto Supreme Court during ‘intersession recess’

Your headline says Oblama will appoint, then the main body of the OP says he could..Which is it?

 

[FA_Q2]

...robbing Trump / Conservatives of tne Pick...

Obama could still force Merrick Garland onto Supreme Court during ‘intersession recess’

Your headline says Oblama will appoint, then the main body of the OP says he coould..Which is it?

And Obama himself states he is not even considering it.

We know which one it is - this is nothing more than a pipe dream for those that do not want Trump and the Republicans appointing SCOTUS judges. They are still in the denial phase.

 

[RetiredGySgt]

...robbing Trump / Conservatives of tne Pick...

Obama could still force Merrick Garland onto Supreme Court during ‘intersession recess’

Your headline says Oblama will appoint, then the main body of the OP says he coould..Which is it?

And Obama himself states he is not even considering it.

We know which one it is - this is nothing more than a pipe dream for those that do not want Trump and the Republicans appointing SCOTUS judges. They are still in the denial phase.

They also do not know the law Congress must be in recess for a minimum of 10 days for recess appointments to happen.

 

[Moonglow]

...robbing Trump / Conservatives of tne Pick...

Obama could still force Merrick Garland onto Supreme Court during ‘intersession recess’

Your headline says Oblama will appoint, then the main body of the OP says he coould..Which is it?

And Obama himself states he is not even considering it.

We know which one it is - this is nothing more than a pipe dream for those that do not want Trump and the Republicans appointing SCOTUS judges. They are still in the denial phase.

They also do not know the law Congress must be in recess for a minimum of 10 days for recess appointments to happen.

No shit Sherlock...Yet the GOP has made sure to tie down the definition of a recess when they leave a Congressional member there during breaks..I am sure the Dems will do the same..

 

[RetiredGySgt]

...robbing Trump / Conservatives of tne Pick...

Obama could still force Merrick Garland onto Supreme Court during ‘intersession recess’

Your headline says Oblama will appoint, then the main body of the OP says he coould..Which is it?

And Obama himself states he is not even considering it.

We know which one it is - this is nothing more than a pipe dream for those that do not want Trump and the Republicans appointing SCOTUS judges. They are still in the denial phase.

They also do not know the law Congress must be in recess for a minimum of 10 days for recess appointments to happen.

No shit Sherlock...Yet the GOP has made sure to tie down the definition of a recess when they leave a Congressional member there during breaks..I am sure the Dems will do the same..

Dems don't have any position of power they can not call for nor block a recess by the Republicans currently.

 

[FA_Q2]

...robbing Trump / Conservatives of tne Pick...

Obama could still force Merrick Garland onto Supreme Court during ‘intersession recess’

Your headline says Oblama will appoint, then the main body of the OP says he coould..Which is it?

And Obama himself states he is not even considering it.

We know which one it is - this is nothing more than a pipe dream for those that do not want Trump and the Republicans appointing SCOTUS judges. They are still in the denial phase.

They also do not know the law Congress must be in recess for a minimum of 10 days for recess appointments to happen.

I was unaware of the hard line here. Thanks for the info. And, before anyone chimes in that you do not know what you are talking about:
http://www.senate.gov/CRSpubs/3d313cc2-9515-4533-b1f0-3f762cd09007.pdf

"As noted above, however, in a June 26, 2014, opinion, the U.S. Supreme Court held that the President’s recess appointment
power extends to both intersession and intrasession recesses, but that essentially the recess must be 10 days or longer in duration."

Page 3-4

Ergo, such an appointment would be thrown out by the courts.