Monday, January 2, 2017

Will Obama hack a Supreme appointment, days before leaving office?

President Obama will have one last chance to force Judge Merrick Garland onto the U.S. Supreme Court on Tuesday — but it’s a legal gamble and one that has so many pitfalls that even those who say he could get away with it believe it isn’t worth the fight.

Mr. Obama’s moment will come just before noon, in the five minutes that the Senategavels the 114th Congress out of session and the time the 115th Congress begins.

In those few moments the Senate will go into what’s known as an “intersession recess,” creating one golden moment when the president could test his recess-appointment powers by sending Judge Garland to the high court.

A smattering of activists has asked him to give it a try, but Mr. Obama has given no indication that he’s thinking about it. The White House didn’t respond to a request for comment for this story.

The move would be a legal gamble under the high court’s last ruling in 2014 on recess appointments. That 9-0 decision overturned a handful of Mr. Obama’s early 2012 picks, saying the Senate was actually in session when the president acted, so he couldn’t use his powers.

Via Drudge: for more click here 


Evi L. Bloggerlady said...

At this point, nothing would surprise me.

Stuff like this make reelection that much more likely.

Leland said...

Press is gaslighting readers these days.

Answer to question is no, because the Constitution doesn't recognize the procedures that the WashTimes and Daily Koolaid are hanging their hats on. Pull quote:

"The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin."

I don't see the same 5 minutes that the Washington Post mentions. Noon is noon. This is ignoring the SCOTUS ruling regarding the need for 3 days of recess, which vacated other Obama vacancy appointments.

ampersand said...

When Bush was in,during a recess, the dems had one Senator show up everyday to open the Senate for business to prevent Bush from making any recess appointments.
Of course the GOPe being gentlemanly, or forgetful or convivial would never stoop to such a thing.

Trooper York said...

I would put nothing past him but I doubt he will try it.

He is more likely going to make thousands of pardons on his last day in office in the same way that Clinton did in his last day.

Thousands of violent criminals will be released with their voting rights returned because they are black. Watch and see.

Leland said...

Last day... He will likely announce it during his speech next week.