Can Obama Make Recess Appointments to the Supreme Court?!

[Captain Peter Blood]

Yes he can, read on:

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]

[hoagy62]

So, why did this happen now?

This total speculation....got it from a post on Facebook, so consider that when you read it.

“4 days ago, the US Supreme Court issued a stay on obama’s centerpiece climate change legacy. The Left reeled from the prospect that the Court could thwart obama’s global scenario:

——”Greens faced with nightmare scenario at the Supreme Court”

——”Inside The Most Important Supreme Court Case In Human History Feb 12, 2016 — Think Progress”

——”The Supreme Court did something unusual this week,” Obama said, noting that it was rare for the court to intervene while the case was still waiting to be heard at the circuit court level.
“The centerpiece of our climate action plan...” WaPo

——”The Obama administration has repeatedly said, both before and after the judicial stay was ordered, that it does not have a Plan B — The Hill”

It is entirely possible that what happened today is “Plan B”.

Pause and consider.

[Popman]

———I don’t think anyone has ever made a recess appointment to the Supreme Court.-——

It has been done before and then the Senate will need to confirm....

But the senate will not be in recess to allow Obama to make a recess appointment unless McConnell caves....

Scotus has already ruled inter-session or intra-session of the senate are not in recess..

[Georgia Girl 2]

First Ike was running for reelection so likely to get an appointment confirmed. Second Lawrence Eableberger has nothing to do with the discussion.

All Mitch McConnell has to do is say no appt til the next President.