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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan a SC seat be filled temporarily by recess appointment?
I honestly don't know the answer.
MADem
(135,425 posts)Ken Burch
(50,254 posts)MADem
(135,425 posts)The Senate always stayed in session under GOP leadership because they didn't want Obama filling federal judge vacancies on them. They screwed up, and then Scalia died in the middle of the recess!
msongs
(67,413 posts)MADem
(135,425 posts)From my link elsewhere in this thread:
Our 100 U.S. Senators are now on a full, 10-day paid vacation. Such upper chamber indolence is no longer surprising to the American people. Little wonder that our Congress regularly earns public approval ratings in the single-digits.
But here is the shocker. The 10-day Senate recess will not be broken up by pro forma sessions used in years past to prevent President Obama from exercising his constitutional recess appointment authority. When the GOP-controlled Senate went on vacation, they were careless and left a recess-appointment window wide-open. And it can not be closed until Monday afternoon, February 22, 2016.
Ten days is exactly the minimum recess duration needed to trigger the president's recess appointment authority. Republicans acknowledge that Obama now has this alternative appointment power.
Meanwhile, just two days into the 10-day Senate recess, Justice Antonin Scalia passed from this suffering temporal plane leaving his SCOTUS seat vacant.
In a guest commentary just posted by the American Constitution Society, I argue that President Obama should immediately recess appoint a temporary replacement for Justice Scalia. The appointment would last until late 2017. I also suggest that Obama should use this opportunity to fill many of the other executive, regulatory, and judicial offices remaining empty due to partisan obstruction and normal Senate indolence.......
Crabby Appleton
(5,231 posts)on Feb 15 and Feb 18 so technically Senate is not in recess.
ORDERS FOR MONDAY, FEBRUARY 15, 2016, THROUGH MONDAY, FEBRUARY 22, 2016
Mr. McCONNELL. Mr. President, I ask unanimous consent that when the
Senate completes its business today, 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, at 11 a.m.; Thursday, February 18, at 9 a.m.;
https://www.congress.gov/congressional-record/2016/2/12/senate-section/article/s887-4
MADem
(135,425 posts)Or did they adjust the schedule?
No Vested Interest
(5,167 posts)appointment. Before the funeral, such an appointment would have been rather crass.
I definitely believe there should be recess appointments made by Feb. 22 - today- for some of the other judges and other offices that have gone unfilled for too long.
former9thward
(32,020 posts)They have held pro-forma sessions during the last 2 weeks.
PoliticAverse
(26,366 posts)The Supreme Court actually decided a case on recess appointments against Obama (9-0), that imposed
strict limitations on the President's power to make recess appointments.
Basically any recess must be longer than 10 (working) days and the Senate can
get around the recess issue by using "pro forma sessions" so that it is technically
not in recess.
For more on the Supreme Court case, see:
https://en.wikipedia.org/wiki/NLRB_v._Noel_Canning
http://www.scotusblog.com/case-files/cases/national-labor-relations-board-v-noel-canning/
MADem
(135,425 posts)That's why he has an opportunity, but the window is closing, fast.
Yo_Mama
(8,303 posts)Senate was in recess from the 12th to the 22nd - ten days. But not ten working days.
MADem
(135,425 posts)Another poster pointed out that they'd already done two sessions! Ah well...hope springs eternal!!!
Yo_Mama
(8,303 posts)And they are reasonable. I know presenting applicants and going through the process is time-consuming, but simply short-circuiting the Constitution in order to make life easier for the Executive is a practice fraught with peril.
Agnosticsherbet
(11,619 posts)pipoman
(16,038 posts)it is a lifetime appointment so it will be vacated at some point...further, since the number on the court isn't a constitutional issue and he hasn't had a nominee rejected or held up, it would be unseemly, not presidential, and perhaps extraconstitutional for him to do such a thing right now...
MADem
(135,425 posts)PoliticAverse
(26,366 posts)oberliner
(58,724 posts)Republicans can hold pro forma sessions to make it impossible (since there technically would be no recess).
bigwillq
(72,790 posts)struggle4progress
(118,294 posts)The SC sessions begin on the first Monday in October. Recess appointments last only until the current Senate session ends. The 115th Congress meets on 3 January 2017
Yo_Mama
(8,303 posts)So if the Senate doesn't want a recess appointment, they just stay in pro forma session.
https://www.oyez.org/cases/2013/12-1281
An exception could theoretically be made for something like a top national security exec, but def. not for the SC.
Calista241
(5,586 posts)It takes the onnus off of the Repubs. Obama's going to try to pressure the Repubs to confirm his nominee, and a recess appointee, aside from inflaming partisan tensions, will take the pressure off to fill the court.