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Can Obama Make Recess Appointments to the Supreme Court?!

Posted on 02/13/2016 3:45:11 PM PST by quesney

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To: quesney

He can make recess appointments, but the appointment is only valid until January 2017 - not lifetime.


41 posted on 02/13/2016 4:17:50 PM PST by reg45 (Barack 0bama: Implementing class warfare by having no class.)
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To: Cboldt

I believe the next congress is January 2 2017


42 posted on 02/13/2016 4:18:19 PM PST by Sacajaweau
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To: quesney

Even if he doesn’t have the authority, and does it anyway, who will tell him “No”?


43 posted on 02/13/2016 4:19:28 PM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: usafa92

Interesting point is that both President’s who made the recess appts. were former Generals. Supreme Commanders no less. I think it’s more of an operational military mentality as in next man up. We will see what a dictator mentality produces with Obama.


44 posted on 02/13/2016 4:20:00 PM PST by usafa92 (Ted and Heidi = Jim and Tammy Faye)
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To: quesney

Probably not, but law has never stopped the lawless one before.


45 posted on 02/13/2016 4:21:10 PM PST by Old Yeller (Obama is winning the war on terror when you realize he is on the side of the enemy.)
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To: ClarenceThomasfan

If Obama nominates Sri Srinavasan we should get Bobby Jindal to get on tv and oppose him.


46 posted on 02/13/2016 4:21:11 PM PST by ClarenceThomasfan (Trump is the ultimate RINO)
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To: Sacajaweau

Close to 9 months, yes?


47 posted on 02/13/2016 4:22:08 PM PST by Cboldt
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To: ClarenceThomasfan

Sri Srinivasan is not a muslim name.


48 posted on 02/13/2016 4:22:19 PM PST by reg45 (Barack 0bama: Implementing class warfare by having no class.)
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To: dp0622

Democrats and Obama have shown no respect to our nation or anything American. It took 3 votes in Charlotte in 2012 to even put God in their platform and was likely Allah they meant when they did.


49 posted on 02/13/2016 4:26:29 PM PST by nclaurel
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To: quesney

Uh No he cannot make recess appoitments to the Supreme Court.


50 posted on 02/13/2016 4:30:15 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: quesney

I have a feeling they will get an appointee and then keep it in committee until November. Then reject until Jan.


51 posted on 02/13/2016 4:37:33 PM PST by struggle
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To: nclaurel

They denigrate a great man without thinking twice.

How any American cannot see that, breaks my heart.


52 posted on 02/13/2016 4:40:16 PM PST by dp0622
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To: struggle

They GD well better keep it bottled up.


53 posted on 02/13/2016 4:41:58 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Captain Peter Blood

..I don’t think anyone has ever made a recess appointment to the Supreme Court. Has anyone ever made one to a lesser court?...

The SCOTUS ruling in the NLRB case applies to all recess appointments including nudges and to SCOTUS. Zer0 is already floating names of appointees. But, McConnell can hold it up if he has the stones to do so. Questionable. He has sold out the USA previously.

He said tonite that the next SCOTUS appointment should be made by the next President. But notice he didn’t say it MUST BE MADE by the next President, a big difference.


54 posted on 02/13/2016 5:11:38 PM PST by Sasparilla (Hillary for Prosecution 2016)
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To: quesney
'The Senate has to actually be in recess, though, and the appointment is only good for a year or so.'

Yeah, but what kind of damage could he/she do in the meantime?

The EPA rape of the Coal Industry can slide by.

55 posted on 02/13/2016 5:41:53 PM PST by chopperman
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To: quesney
He will, and that will be the final nail in the Constitution's coffin.

The Senate should have declared it's back in emergency session at first word of this news earlier today. They didn't do that... wonder why.

56 posted on 02/13/2016 5:44:48 PM PST by Cementjungle
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To: Captain Peter Blood

We’re talking about the GOPe here. Mitch - Obama’s Bitch - McConnell.


57 posted on 02/13/2016 5:56:31 PM PST by AFreeBird
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To: quesney

Well I just looked this up on Wikipedia and evidently the President can make a recess appointment but it looks like those are conditional and may have to have senate approval later on. Anyway here you are:

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 subsequently attempted suicide and then resigned.

New Jersey judge William J. Brennan was appointed to the Supreme Court by President Dwight D. Eisenhower in 1956 through 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. President Eisenhower, in a recess appointment, designated Charles W. Yost as United States Ambassador to Syria.[12] Eisenhower made two other recess appointments, Chief Justice Earl Warren and Associate Justice Potter Stewart.

George H. W. Bush appointed Lawrence Eagleburger Secretary of State during a recess in 1992; Eagleburger, as Deputy Secretary of State, had in effect filled that role after James Baker resigned.

According to the Congressional Research Service, President Ronald Reagan made 240 recess appointments, President George H. W. Bush made 77 recess appointments, President Bill Clinton made 139 recess appointments. President George W. Bush made 171 recess appointments, and, as of January 5, 2012, President Barack Obama had made 32 recess appointments.[13]


58 posted on 02/13/2016 6:26:04 PM PST by Captain Peter Blood
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To: Captain Peter Blood

” Senate has to approve the nominee to the court.”

With the spineless Rino’s in the Senate, Obama will get what ever he wants. It still burns me for every Republican that voted to confirm Loretta Lynch for AG who in all probability won’t touch Hillary Clinton no matter how many separate investigations she is presented with from the FBI with suggestions to indict, just my lowly opinion.


59 posted on 02/13/2016 6:43:48 PM PST by kagnew
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To: kagnew

I agree. My guess is that right after the funeral Obama will nominate whoever he has on tap and the fight will be on and my prediction is that the GOPe in the Senate will cave very easily. They will do themselves in as usual, McConnell’s vow that he gave a few hours ago is worthless and he will do business.

What that will do is just fuel Trump and the insurgent anger even more against both parties.


60 posted on 02/13/2016 6:47:36 PM PST by Captain Peter Blood
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