There’s Ample Precedent For Rejecting Lame Duck Supreme Court Nominees

The Federalist ^ | February 13, 2016 | Gabriel Malor

[AJFavish]

Historically, many Supreme Court nominations made in a President’s final year in office are rejected by the Senate. That started with John Quincy Adams and last occurred to Lyndon B. Johnson.

It is critically important that the Senate hold pro forma sessions, since President Barack Obama would be able to make a recess appointment to the Supreme Court if the Senate goes out of session. Currently, there is a five-day recess this week and a two-week recess scheduled for April. There have been twelve such recess appointments to the high court. A recess appointment would last until the end of the Senate’s next session.

[AJFavish]

The U.S. Senate is presently not in session. It better get into session FAST and stay in session so Obama does not make a recess appointment. Also, the Senate session ends on January 3, 2017 and the new Senate takes over. I don't know if there is a recess at that time, and if there is, whether it can be prevented without interfering with the change to the new Senate. Perhaps Obama will be able to do a recess appointment at that time since he will be President until January 20, 2017. If he do make such a recess appointment around January 3, 2017, I am not sure how long that appointment can last. The author of the article below states that a recess appointment would last until the end of the Senate's next session. If anybody finds an article nailing down these potential situations, please share. Thanks.

[Iron Munro]

They might not be able to hold the line against Obama with weak sisters like Lindsey Graham ready to vote for an Obama nominee.

[Publius]

...there is a five-day recess this week...

Uh-oh.

[scooby321]

They need to stay in session until January 3rd 2017

[ifinnegan]

Is it true that a recess appointment can be made for the Supreme Court?

That’s not a Cabinet position.

[cydcharisse]

I don’t believe this Senate of Cowards will hold up a nomination for the better part of a year. As soon as someone accuses them of obstructing the government, they’ll fold like a cheap suit.

[digger48]

Looks like I picked the wrong year to stop drinking.

But, I may just have to take up glue-sniffing until 12:01 PM on Jan. 20, 2017

[VanDeKoik]

F*ck!

This could be over before he is even in the ground!

[TornadoAlley3]

Obama will nominate a moderate, RINOS will confirm.Another Breyer or Ginsburg.

[Publius]

Correct. McConnell needs to bring the Senate into session tonight.

[Verginius Rufus]

The Constitution says (Art. II, Sec. 2):

"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 the next Session."

What was envisioned was that there would be long intervals between sessions and the President could fill vacancies in the periods when the Senate was not in session. Presumably by the end of the session was meant when they adjourned, since they would have had the opportunity to act on any nominations while in session. Presidents of both parties have abused this power in recent years (the Democrats more egregiously, of course). Obama used it to put radicals who could not be confirmed on the NLRB during periods when the Senate was meeting pro forma but not conducting any business.

[TruthWillWin]

Move to Colorado, Washington, or Oregon.

[Cboldt]

- -Is it true that a recess appointment can be made for the Supreme Court? --

Yes. Frowned on, but no constitutional impediment. It has happened.

[TruthWillWin]

Ginsburg a moderate?

[Verginius Rufus]

The Senate rejected a Supreme Court nomination by George Washington, the Father of our country. Don’t expect such courage nowadays.

[Georgia Girl 2]

IMO even this batch of quislings will see that its in their best interest to wait til Trump takes office.

[Lurkinanloomin]

Grahamnesty is ready to confirm whoever he nominates and will be joined by McCain, Kirk, Corker, Alexander, Ayotte, Collins, Coats and a few others whose names escape me at the moment. The usual reach across the aisle Democrats in R jerseys.

[DannyTN]

[Cementjungle]

Correct. McConnell needs to bring the Senate into session tonight.

The WH is probably already typing up the appointment paperwork. I'm sure presidents always have a list of names for just such a situation.

[BlueNgold]

Now I’m frightened...