If they “recess” for more than 3 days, then yes, it’s a possibility.
And our Republican leaders are are idiots.
Playing checkers to Obama’s chess.
Is the expiration at the end of their next session meaning the recess appt.expires in Jan 2017??? The new Congress takes office January 3, 2017.
he will do as he pleases.
You know that clown and his “lawyers” are going to pull whatever tricks they can to get another one of Obama’s freaks on the Supreme Court. That will make three. Elections do have consequences. While only drooling morons voted for this clown,the whole country is going to suffer for it. Congratulations freeloaders! Enjoy all your “free stuff” while you can. This party can’t go on forever.
Beware of the corrupt Senate !
The Constitution does not define what a recess is. And there is evidence that it is solely up to the Senate to decide when it takes a recess, corrections welcome.
So if a Senate recess ”forces” Obama to appoint a justice to fill a vacancy, then it is probably because senators decided to use a recess as an excuse to protect their voting records by allowing lawless Obama to appoint a state sovereignty-ignoring activist justice while they were on recess.
Senators protect their voting records in order to fool low-information patriots into reelecting them, patriots who do not understand the federal governments limited powers to tax and spend.
So Obama’s selection is blocked and he makes a recess appointment that expires in January 2017. A Republican wins the White House in November and announces his choice to replace Justice Scalia. The Democrats immediately filibuster his nominee, resulting in a recess appointment that last until January 2019. People have talked about the need to do away with lifetime appointments of judged. This may wind up how that finally comes about; through filibuster.
Of course BO will take advantage of the crisis he, IMO, orchestrated. These are not nice, warm Christians. Consider the depths of depravity of Lucifer’s lieutenants.
Read Justice Breyer’s comments on Noel Canning:
“The majority explained that intrasession breaks and adjournments lasting only 3-10 days are presumptively too short”
The current Senate break is exactly 10 days. So the time frame is still too short for a recess appointment to be made, the recess would have to exceed 10 days.
Obama might make a recess appointment to rub it in, but he doesn’t need it. He can get the Republicans to fold and make a deal.
I’ve already seen statements (Lindsey Graham for example) hinting that a deal can be made. We’ve seen this movie before:
Obama wants a deal conservatives hate. We start with big talk, and after the screaming and hollering comes the deal, which we will be told is the best that can be done under the circumstances, etcetera, etcetera, etcetera (apologies to Yul Brynner).
3.5
The deal will be that Obama gets his nominee and Republicans get some future promised goodie that will never come to fruition or is so minimal as to be meaningless. We’ll be told it is a great deal for Republicans.
Too pessimistic? I admit to being pretty beaten down after the last 15 years, and especially the last three.
King Opie does what he wants when he doesn’t have contitutional authority.
So we can be sure he will do what he wants when he does have constitutional authority.
And since almost all recess appointments are ultimately confirmed, whatever far left idealogue he does appoint is likely to be with us a long time.
This is critical because of the republicans failure to “Bork” Sotomayor and Kagan thereby forcing Obama to name more moderate nominees.
Interim appointments expire at the end of the term. It would not go over well with the public. He can use interim appts for lower profile positions, but it would face tremendous backlash if he tried it for a SCOTUS Justice.
If this is indeed the case, the Senate is presently in the midst of a 10-day recess (not a pro forma session), and under Noel Canning, President Obama possesses the power to make a recess appointment to the Supreme Court until noon on February 22, when the Senate comes back in session.
Senate goes into recess on Friday, 2/12.
Scalia dies 2/13
Obama won't be able to resist this FU America opportunity. Obama appoints Holder next Friday, 2/19, the day before the South Carolina primary, Saturday, 2/20.
What's it going to take America?
Relublicans are all wondering what Obama can legally do here, when Obama’s established M.O. is to do something illegally and get away with it. He will put another anti-American justice on the court in this manner.
Yes he can, but a recess appointment can be overturned when congress returns.
According to sources Chief Justice Scalia’s remains are now in El Paso, TX not more than mile from where I am. Locals have seen a lot of press by the funeral home!
This will not happen. Obama wants a third confirmation and if he does a recess appointment he knows the possibility of that is 0
The king in the Rainbow House will do as he pleases.
We need to be hoping that Obama does make a recess appointment. Because if his nominee ever gets a floor vote, we’re stuck with him/her for life.