General Discussion

cap

(7,170 posts) Sat Feb 13, 2016, 06:50 PM Feb 2016

Can Obama make a recess appointment to Supreme Court

It has happened in the past with Justice Earl Warren. The senate is on break from Feb 13-21.

Then the Democrats can slow walk any confirmation until the election. Hopefully we win.

21 replies

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Highlight:

Can Obama make a recess appointment to Supreme Court (Original Post) cap Feb 2016 OP

That'd be great! NightWatcher Feb 2016 #1

Republicans will hold pro forma sessions to prevent that. NYC Liberal Feb 2016 #2

Can Repubs keep the Senate in session through the break? JustABozoOnThisBus Feb 2016 #3

Yes, LiberalArkie Feb 2016 #4

Yes they can. It will be like leaving Otis in charge of the jail. kairos12 Feb 2016 #8

I think that would TeddyR Feb 2016 #5

There's civility left in congress? Where? eggplant Feb 2016 #7

Oh wow. GaYellowDawg Feb 2016 #20

Did they actually adjourn or are they keeping the lights on? LonePirate Feb 2016 #6

According to the Office of the Clerk of the US House... JTFrog Feb 2016 #11

Then Obama should perform a recess appointment if that is indeed the Senate adjournment notice. LonePirate Feb 2016 #15

The House isn't the one that we need to adjourn, GGJohn Feb 2016 #17

The House approved the Senate adjournment resolution. That was the S. Con. Res. 31. (link inside) LonePirate Feb 2016 #19

The House is irrelevant, only the Senate matters Lurks Often Feb 2016 #16

A GOP Senate staffer just reported to pledges to block any Obama appointment cascadiance Feb 2016 #9

The Senate is out now and this coming week. Stinky The Clown Feb 2016 #10

The Senate meets in pro-forma sessions during breaks to prevent recess appointments. tritsofme Feb 2016 #12

No. former9thward Feb 2016 #13

This is where it gets interesting cap Feb 2016 #14

Obama attempted to do that. former9thward Feb 2016 #18

He can, but probably won't. MineralMan Feb 2016 #21

NightWatcher

(39,343 posts)

1. That'd be great!

Reply to cap (Original post)

Sat Feb 13, 2016, 06:51 PM

Feb 2016

NYC Liberal

(20,136 posts)

2. Republicans will hold pro forma sessions to prevent that.

Reply to cap (Original post)

Sat Feb 13, 2016, 06:51 PM

Feb 2016

It will never happen.

JustABozoOnThisBus

(23,350 posts)

3. Can Repubs keep the Senate in session through the break?

Reply to cap (Original post)

Sat Feb 13, 2016, 06:52 PM

Feb 2016

Maybe with a couple of senators?

LiberalArkie

(15,719 posts)

4. Yes,

Reply to JustABozoOnThisBus (Reply #3)

Sat Feb 13, 2016, 06:54 PM

Feb 2016

kairos12

(12,862 posts)

8. Yes they can. It will be like leaving Otis in charge of the jail.

Reply to LiberalArkie (Reply #4)

Sat Feb 13, 2016, 06:59 PM

Feb 2016

TeddyR

(2,493 posts)

5. I think that would

Reply to cap (Original post)

Sat Feb 13, 2016, 06:55 PM

Feb 2016

Be a terrible idea. Destroy any civility left in Congress

eggplant

(3,911 posts)

7. There's civility left in congress? Where?

Reply to TeddyR (Reply #5)

Sat Feb 13, 2016, 06:57 PM

Feb 2016

GaYellowDawg

(4,447 posts)

20. Oh wow.

Reply to TeddyR (Reply #5)

Sat Feb 13, 2016, 08:24 PM

Feb 2016

There hasn't been any civility there since Ken Starr.

LonePirate

(13,426 posts)

6. Did they actually adjourn or are they keeping the lights on?

Reply to cap (Original post)

Sat Feb 13, 2016, 06:56 PM

Feb 2016

If they actually did adjourn, Obama should appoint a replacement immediately, such as today.

JTFrog

(14,274 posts)

11. According to the Office of the Clerk of the US House...

Reply to LonePirate (Reply #6)

Sat Feb 13, 2016, 07:02 PM

Feb 2016

http://clerk.house.gov/floorsummary/floor.aspx

House Floor Activities
Legislative Day of February 12, 2016:

Last Floor Action:
1:50:12 P.M. - The House adjourned pursuant to S. Con. Res. 31. The next meeting is scheduled for 2:00 p.m. on February 23, 2016.

LonePirate

(13,426 posts)

15. Then Obama should perform a recess appointment if that is indeed the Senate adjournment notice.

Reply to JTFrog (Reply #11)

Sat Feb 13, 2016, 07:13 PM

Feb 2016

Fuck the GOP.

GGJohn

(9,951 posts)

17. The House isn't the one that we need to adjourn,

Reply to LonePirate (Reply #15)

Sat Feb 13, 2016, 07:17 PM

Feb 2016

it's the Senate and I very much doubt they'll go into recess now.

LonePirate

(13,426 posts)

19. The House approved the Senate adjournment resolution. That was the S. Con. Res. 31. (link inside)

Reply to GGJohn (Reply #17)

Sat Feb 13, 2016, 07:36 PM

Feb 2016

https://www.congress.gov/bill/114th-congress/senate-concurrent-resolution/31/text

S.Con.Res.31 - A concurrent resolution providing for a conditional adjournment or recess of the Senate and an adjournment of the House of Representatives.

Lurks Often

(5,455 posts)

16. The House is irrelevant, only the Senate matters

Reply to JTFrog (Reply #11)

Sat Feb 13, 2016, 07:14 PM

Feb 2016

cascadiance

(19,537 posts)

9. A GOP Senate staffer just reported to pledges to block any Obama appointment

Reply to cap (Original post)

Sat Feb 13, 2016, 07:00 PM

Feb 2016

http://thinkprogress.org/justice/2016/02/13/3749467/moments-after-scalias-death-is-confirmed-gop-senate-staffer-pledges-to-block-any-obama-replacement/

The article notes that the longest it has ever taken to appoint a replacement for a SCOTUS justice has been 125 days. Obama has 361 days (almost a year) left in office now.

I guess even if Republicans block him from nominating anyone until after the election, there's no way there would be a Supreme Court able now to vote to stop a recount at a state level like they did in 2000 with the court split 4-4 now. So the 2000 election under the current supreme court might have given the election to Gore without them being able to intervene.

Stinky The Clown

(67,808 posts)

10. The Senate is out now and this coming week.

Reply to cap (Original post)

Sat Feb 13, 2016, 07:00 PM

Feb 2016

Not sure if the officially adjourned.

tritsofme

(17,380 posts)

12. The Senate meets in pro-forma sessions during breaks to prevent recess appointments.

Reply to cap (Original post)

Sat Feb 13, 2016, 07:02 PM

Feb 2016

former9thward

(32,025 posts)

13. No.

Reply to cap (Original post)

Sat Feb 13, 2016, 07:02 PM

Feb 2016

The Senate will not formally recess. The SC has already rejected Obama's attempt to do recess appointments when the Senate is in pro-forma sessions.

cap

(7,170 posts)

14. This is where it gets interesting

Reply to former9thward (Reply #13)

Sat Feb 13, 2016, 07:13 PM

Feb 2016

Senate completes its business on
Friday, February 12, 2016, it adjourn, to then convene for pro forma
sessions only, with no business being conducted on the following dates
and times, and that following each pro forma session, the Senate
adjourn until the next pro forma session: Monday, February 15, 2016, at
11:00 a.m., -- from senate calendar

Technically today, tomorrow, and Monday till 11 am the senate is out of session....
I wonder if a weekend counts or not

former9thward

(32,025 posts)

18. Obama attempted to do that.

Reply to cap (Reply #14)

Sat Feb 13, 2016, 07:21 PM

Feb 2016

And it was rejected.

In a rebuke to President Barack Obama, the Supreme Court struck down three of his recess appointments to the National Labor Relations Board as unconstitutional.

The decision Thursday gives the Senate broad power to thwart future recess appointments, but did not go as far as some conservatives hoped to undercut the president’s ability to fill vacant executive branch posts and judicial slots.

The court ruled 9-0 that Obama’s appointments were unconstitutional because the Senate was not truly in recess when he made them during a three-day break in pro forma meetings of the legislative body.

http://www.politico.com/story/2014/06/supreme-court-recess-appointments-108347#ixzz405pxeYlr

MineralMan

(146,317 posts)

21. He can, but probably won't.

Reply to cap (Original post)

Sat Feb 13, 2016, 09:08 PM

Feb 2016

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