Recess appointment of Merrick Garland?

[dm1333]

Just heard it on TV.  Seems like it would be a stupid move but I wouldn't put it past the man, especially after the last few weeks.   

[RocketMan]

If it happened, Garland would have sightly less than a year on SCOTUS before he would have to step down for someone permanently appointed.  I doubt Obama would think it was worth it.

[zxcvbob]

If he does a recess appointment, it will be someone awful like Eric Holder.  Or Himself.

[dm1333]

If it happened, Garland would have sightly less than a year on SCOTUS before he would have to step down for someone permanently appointed.  I doubt Obama would think it was worth it.

You are right, the appointment would only be for the next session of the Senate.  As far as the bolded portion?  I think he is fully capable of making such a move.

[Ben]

You are right, the appointment would only be for the next session of the Senate.  As far as the bolded portion?  I think he is fully capable of making such a move.

Yeah, he does seem to be leaning towards Scorched Earth mode.

[dm1333]

Yeah, he does seem to be leaning towards Scorched Earth mode.

I've kept my opinions of the CiC pretty much to myself but he is making it a bit difficult lately.   

[RevDisk]

Yeah, no. See Noel Canning v. NLRB

And you'd want Obama to do that anyways, as it'd be easy to toss out Garland as well as open the slot for Trump to appoint a new chief judge of the United States Court of Appeals for the District of Columbia Circuit.

[roo_ster]

Just heard it on TV.  Seems like it would be a stupid move but I wouldn't put it past the man, especially after the last few weeks.   

If BHO didn't have stupid moves, he wouldn't have any moves at all.

[MechAg94]

I thought recess appointments only last until the Senate officially confirms or denies the appointment.  All the new Senate would have to do it put the guy up for a vote and vote him down.  

Of course, I don't think recess appointments apply to SC nominations since they are not appointed.  The Constitution specifically requires Senate approval.  This isn't some federal agency created by Congress.  This is a branch of Government.  

[HankB]

Talking head on TV said this could happen in the 5 minutes between adjournment of one session and the beginning of the next one.

Seems that one way to prevent this nonsense is for the Senate to - without any warning or announcement - change the timing of the switch from one session to another. So IF Obama makes an appointment at the scheduled time - it will NOT be a recess appointment, since the Senate will NOT be in recess. (An unannounced 10 minute tape delay on Senate proceedings might be another way to proceed.)

Case closed.

 

[Northwoods]

Of course, I don't think recess appointments apply to SC nominations since they are not appointed.

From Wikipedia:
Examples and use[edit]
Presidents since George Washington have made recess appointments. Washington appointed South Carolina judge John Rutledge as Chief Justice of the United States during a congressional recess in 1795. Because of Rutledge's political views and occasional mental illness, however, the Senate rejected his nomination, and Rutledge attempted suicide and resigned.

New Jersey judge William J. Brennan was appointed to the Supreme Court by President Dwight D. Eisenhower in 1956 by a recess appointment. This was done in part with an eye on the presidential campaign that year; Eisenhower was running for reelection, and his advisors thought it would be politically advantageous to place a northeastern Catholic on the court. Brennan was promptly confirmed when the Senate came back into session. Eisenhower, in a recess appointment, designated Charles W. Yost as United States Ambassador to Syria.[1] Eisenhower made two other recess appointments, Chief Justice Earl Warren and Associate Justice Potter Stewart.

[RoadKingLarry]

Maybe Obama could appoint Hillary as ambassador to Libya as his last gasp recess appointment

[230RN]

https://en.wikipedia.org/wiki/Merrick_Garland

On March 16, 2016, President Barack Obama nominated Garland to serve as an Associate Justice of the Supreme Court, to fill the vacancy created by the death of Antonin Scalia. The Senate refused to hold a hearing or vote on this nomination made during the last year of Obama's presidency; insisting that the newly elected president should fill the vacancy. The refusal of Senate Republicans to consider the nomination has been a source of controversy among Senate Democrats.[1]

If you don't succeed at first....

The OP really made the hair on my neck stand up.  Year or no year, confirmation or no confirmation, one more anti on the Court and watch all the 2A cases that have been in limbo suddenly get certed and railroaded through another 5-4 Court. If they could wangle some obscure procedural way to do it, they'll try.

Me =   <--  

The scorched earth policy remark seems appropriate.

So does the remark about keeping quiet about the CiC.

"Never trust a dedicated self-righteous individual." --Terry, 230RN

Terry, 230RN

[wmenorr67]

Obama might try it but the Dem leadership knows it isn't a battle worth fighting and should be telling him to not pick this battle.

[MechAg94]

From Wikipedia:
Examples and use[edit]
Presidents since George Washington have made recess appointments. Washington appointed South Carolina judge John Rutledge as Chief Justice of the United States during a congressional recess in 1795. Because of Rutledge's political views and occasional mental illness, however, the Senate rejected his nomination, and Rutledge attempted suicide and resigned.

New Jersey judge William J. Brennan was appointed to the Supreme Court by President Dwight D. Eisenhower in 1956 by a recess appointment. This was done in part with an eye on the presidential campaign that year; Eisenhower was running for reelection, and his advisors thought it would be politically advantageous to place a northeastern Catholic on the court. Brennan was promptly confirmed when the Senate came back into session. Eisenhower, in a recess appointment, designated Charles W. Yost as United States Ambassador to Syria.[1] Eisenhower made two other recess appointments, Chief Justice Earl Warren and Associate Justice Potter Stewart.

Thanks for the correction. 

So my next question:  Would he serve out the whole year or only until the Senate voted?

[Northwoods]

With a recess appointment he'd serve until the Senate went through its next recess.  That would be Jan 2018 unless the Senate got the House to agree on a recess before then.  Said recess could occur as early as the afternoon of January 20th, and could last mere seconds.  That would terminate Garlands term automatically.  From there a new SCOTUS nominee could be confirmed.

[RevDisk]

Thanks for the correction. 

So my next question:  Would he serve out the whole year or only until the Senate voted?

Yes. Whichever comes first.

That would only be applicable if no one sued under Noel Canning v. NLRB, of course. Which they would.

[p12]

Wasn't the recess today?


Sent from my iPhone using Tapatalk

[K Frame]

If he does a recess appointment, it will be someone awful like Eric Holder.  Or Himself.

How quickly do you think the Senate would convene to impeach him?

One former president, William Howard Taft, was appointed to the Supreme Court as chief justice after his presidential term.

[Perd Hapley]

http://twitchy.com/dougp-3137/2017/01/04/about-face-flip-floppin-chuck-schumer-sure-has-changed-his-tune-about-judicial-chaos-video/

[K Frame]

Chuck is going to "absolutely block" the president elect's Supreme Court nominee?

I think he's going to have to call Harry Reid and ask how he's going to be able to do that...


Edit in...

Uhm... Uh oh... This is from Politico...

"Though Senate Democrats acted unilaterally in 2013 to change confirmation rules for nearly all presidential nominations, they left the current 60-vote filibuster threshold for Supreme Court nominees intact."


"“It’s gonna be very hard for them to change the rules because there are a handful of Republicans who believe in the institution of the Senate.”

But, apparently, there were no Democrats who felt the same way in 2013...