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DANGER: OBAMA COULD PUT MERRICK GARLAND ON SUPREME COURT
AMERICAN THINKER ^ | 11/22/16 | ED STRAKER

Posted on 11/22/2016 3:39:53 AM PST by chiller

.... if Congress adjourned for the year too soon, it could open a window to give President Obama a Supreme Court pick. That's because of a provision of the Constitution that allows the president to make recess appointments that can last two or more years. Now we get word that Congress is planning to adjourn early, which will give Obama an opportunity to appoint Merrick Garland to the Supreme Court.

This discussion is fairly complex, involving both constitutional and statutory law, so bear with me.

1) Why does Congress want to adjourn early? Members of Congress want to adjourn early this year so they can kill last-minute Obama regulations. ... According to a 1996 law, Congress has 60 legislative days in which to disapprove of presidential regulations.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: garland; obama; supremecourt
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...so adjourning early allows congress to reach back further to undo e.g. the 'time and a half overtime rule'.

I understand the sentiment, but suggest undoing recent Obie moves is less important than risking 2 years of a liberal swing vote.

1 posted on 11/22/2016 3:39:53 AM PST by chiller
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To: chiller

We were warned about recess appointments prior.


2 posted on 11/22/2016 3:43:01 AM PST by BeadCounter ( Drain The Swamp!)
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To: chiller

This is an idiot move if they adjourned early.


3 posted on 11/22/2016 3:44:06 AM PST by Husker24
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To: chiller
And as we discussed here last week, would Merrick forfeit a great lifetime gig on the DC district court for 2 years on the SC ?

High stakes intrigue here. Who trusts Obama ? Is Merrick more valuable on DC court which often decides what gets sent to a future conservative SC.

4 posted on 11/22/2016 3:44:44 AM PST by chiller (One from the Right - One for the Fight)
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To: All

5 posted on 11/22/2016 3:47:23 AM PST by Liz ( Experience is a dear teacher, but fools will learn at no other. Benjamin Franklin)
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To: chiller

If there is a real danger of this, Pres-elect Trump could announce that if it happens, he will ask Congress to expand the Court to 11 Justices.


6 posted on 11/22/2016 3:50:38 AM PST by Stingray51
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To: chiller

Obama has never missed an opportunity to stick his thumb in the eye of the opposition.
I wouldn’t put it past him. (any objection would be labeled ‘Racist’, of course.)


7 posted on 11/22/2016 3:51:37 AM PST by griswold3
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To: chiller

Wasn’t this already litigated with another federal court judge? I believe the conclusion was that only the Senate can determine when it is in recess, not the President. If the Senate says it’s in session, then it’s in session.


8 posted on 11/22/2016 3:51:39 AM PST by mkmensinger
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To: chiller

I don’t think he’d do that. Garland was only chosen because he seemed relatively moderate, to avoid controversy into the election. Now that that ship has sailed, he would stick us with someone truly vom-worthy. Like the chief counsel for ACORN, or the CEO of Planned Parenthood, or Mooch.


9 posted on 11/22/2016 3:52:15 AM PST by boomstick (One of the fingers on the button wil l be German.)
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To: chiller
Dobutful that it would happen. Would Øbama want to end his pResidency with such a cheap political stunt? Delusions of grandeur? Perhaps if he felt two years of a liberal majority was worth the risk.

Of course, that gives President Trump the figleaf necessary to add two Justices to the Court to counterbalance this foolishness.

And why Garland? Why not go for the gold and appoint Hillary? Himself???

The New Congress is seated in early January - noon on the 3rd unless they set a different date - while Øbama is still in office. The House could and should Impeach him. Matters not that the Senate would not convict. He is gone on the 20th of January and would go down in the History books as an Impeached President.

10 posted on 11/22/2016 3:53:54 AM PST by NonValueAdded (#DeplorableMe #BitterClinger #HillNO! #MyPresident)
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To: Stingray51

Didn’t FDR call for “packing” the Supreme Court at one time?

Nothing in the Constitution calls for a specific number of Justices, and in fact, the Court could be reduced to a single member, and still be within the intent of the Constitution.

Or one of the more elderly of the Justices may die, giving us back the same conundrum we now have.


11 posted on 11/22/2016 3:56:11 AM PST by alloysteel (Je suis deplorable.)
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To: Stingray51
If there is a real danger of this, Pres-elect Trump could announce that if it happens, he will ask Congress to expand the Court to 11 Justices.

FDR tried this but it didn't fly. However, could congress reduce the size of the SCOTUS to seven? And then leave it to the President to choose which justices to fire?

12 posted on 11/22/2016 3:56:26 AM PST by CapitalistCrusader
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To: mkmensinger
It's different in this case. There is no "session" because the 114th Congress ends entirely and the 115th Congress begins in January 2017.

-PJ

13 posted on 11/22/2016 4:01:25 AM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: chiller
I don't think it would be for two years. Since this recess appointment would be made BEFORE the 115th Congress begins, it would only last until the end of the next session, which would be the first session that ends in December 2017.

-PJ

14 posted on 11/22/2016 4:05:02 AM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: mkmensinger

Maybe someone will stay in town and read a book in the Senate chamber so they can claim to be in session


15 posted on 11/22/2016 4:07:34 AM PST by silverleaf (Age takes a toll: Please have exact change)
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To: boomstick

The wookie as a supreme court justice? I can’t even imagine that in an alternate universe.


16 posted on 11/22/2016 4:11:08 AM PST by Blue Highway
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To: chiller

Don’t see this happening. A Supreme court nominee is still subject to a cloture vote and then a confirmation vote.


17 posted on 11/22/2016 4:20:54 AM PST by ScottfromNJ
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To: Political Junkie Too

check the article....statute specifies “next” session


18 posted on 11/22/2016 4:22:45 AM PST by chiller (One from the Right - One for the Fight)
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To: silverleaf

check the article....there is a ‘good’ ? reason for early recess.


19 posted on 11/22/2016 4:24:26 AM PST by chiller (One from the Right - One for the Fight)
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To: CapitalistCrusader

That is an interesting take (reducing number of SCJ & firing) but I wish I knew the answer.


20 posted on 11/22/2016 4:24:38 AM PST by Mean Daddy (Every time Hillary lies, a demon gets its wings. - Windflier)
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