I thought there was a specific timeframe by which the Senate had to act. And they certainly haven't!!

He could theoretically get someone by for a year with a recess appointment, but only if the Republicans fail to block it by refusing to recess.

Make a recess appointment after the current Congress expires on January 5, but before they take office on January 6.

Also, if he makes the appointment in 2017, then doesn't it last until the end of 2018?

Yes!!!!

The recent Supreme Court decision (NLRB vs. Noel Canning - 2014) says that a recess has to be more than three days.

More importantly, the appointment lasts until the end of their next session. There are traditionally two sessions in a congressional term (one each year), but the decision also says that the Senate is the sole arbiter of when they hold sessions and how long they are.

So... they could show up on January 6th and declare a short session to end one day after the new President takes office.

http://www.scotusblog.com/2016/02/is-a-recess-appointment-to-the-court-an-option/

Obama is more of a "let's get along" kind of guy- not the "fight to the end" type.

Serves him will in some situations, not so much in others. I wish he'd do more to fight, but he's obviously decided a smooth Trump transition is more important.

He's been robbed of any "enjoyment", as you call it, and robbed of his legacy.

Whatever he is doing is behind the scenes, as Osama Bin Ladin discovered. Unlike Trump, Obama has never been one to blow his own horn; he just works like hell.

Whatever Obama is doing really is for the peace of the country -- as in, how do you think the neo-nazis are going to react at the threat of having their win overturned in any fashion? There will be bloodshed. They will come for him and his family.

What you said is so insulting.

There is no place where it says the Supreme Court must have nine members. We could go on forever with only eight, if no appointment is made. There used to be only six justices. A recess appointment to "fill a vacancy" is a pretty shaky argument.

of the word "shame". They are truly shameless.

By any means necessary. They are willing to do whatever it takes, they are DRIVEN to dominate. We are the "better angels" party, and we are getting slaughtered at every level, federal, state, local.

And not even power as a means to an end, just power for power's sake.

I always keep this passage from 1984 in mind:

Sometimes the only way to deal with bullies is to beat them up

they've been working on this for years, all the parts at the ready, and the media cluelessly (?) helping put the noose around our neck. Yay, at last the Confederacy is in charge of the Union.

Î have been going bonkers for years when people said "Oh, the Republicans are on their last legs". I was like, HELLO, LOOK at the STATES and cities.

what they did RE the Supreme Court is because the Democrats refused to challenge them on their extreme obstructionist behavior over the past decade. From the first day that they started the permanent filibuster after the Democratic majority was sworn in in 2007, the Democrats should have been all over the media denouncing the Republicans and threatening the nuclear option.

But no, they rolled over again and again and played nice. Now we're stick in situation where they feel emboldened to violate every constitutional norm to get their way.

It is spelling.
😅

The republicans will say and do anything to protect the US Constitution, until it comes time to actually fulfill their duties. It seems the only thing they care about the Constitution is that precious 2nd amendment. Maybe it should be taken away from them. It's been nothing more than a distraction and has done more harm than good.

This is what the Republicans do - now it is our turn.

Seems obvious the Repubs are going to abandon the 60 vote filibuster rule for court appointments, so it will only take a simple majority. There are very few moderates left in the GOP who would oppose any Trump nominee.

If the Republicans do this, and break the balance of the Supreme Court, it will be the destruction of two more institutions.

I don't think they will. To many of them have no fondness or trust in Corrupt Trump.

When they couldn't get any nominees voted on they changed the rule to a simple majority for upper level federal court appointments. They didn't have a SCOTUS appointment come up under this procedure.
A lot of people at the time said this would come back to haunt them, and that might be the only reason the GOP doesn't do it for Supreme Court.

Which is what we are talking about.

That horse left the barn quite some time back.

That's the point.

Blustering posture is how the 'nuclear option' works.

Even for this, Republicans would be insane to trigger Armageddon.

Sorry... they'll just pull up quote after quote (from, for instance, Harry Reid when he expected that we would be in the majority this coming term)... saying that if Republicans try to filibuster a SC nominee, they'll go nuclear.

Note that this wasn't even a month ago:

http://talkingpointsmemo.com/dc/harry-reid-if-gop-blocks-scotus-in-2017-dems-should-go-nuclear-again

It was a gambit that didn't work.

Now, we're hearing more bluster. That's how it works.

First of all, the statement was made just a couple weeks before the election. The Senate wasn't going to be in a position to consider anyone.

Second... he made no such clarification. "we’re going to be able to get judges done with a majority" is pretty clear.

There's no spinning this. The only way to block a Trump appointment to Scalia's seat is to paint them as so objectionable that three Republicans will vote with us to reject the appointment(s)... until Trump is forced to pick someone less objectionable.

Frankly, I have zero faith in their statesmanship and can't believe that you're holding on to that hope.

This is the rule in the Senate.

The Republicans are not the only ones who get to make minority party stands.

I know we think "the sky is falling" but we have to remember, the Republicans in the Senate are just as surprised Corrupt Trump is in there.

I don't know how if they are willing to destroy the institution of the Senate for this fluke. They'll talk like it, of course.

But as we know, what goes around comes around.

Very few listened. Now that ship has sailed.

The planning horizon is much shorter now and Republicans see little to no chance of losing the Senate two years from now (far too many blue seats up in red states). Replacing Scalia or, heaven help us two or three, could control the court for decades. That's a far larger power grab than worrying about losing the Senate in four years.

...no one wants to give the other side the power, fearing a future change in majorities.

as is already the case with all other types of judges. Reid signaled before the election that he planned to do just that if Hillary won and Republicans blocked her nominee.

So they can confirm a Supreme Court justice with a bare majority.

Repugs are already talking about limited filibuster to not include any appointments, even the SCOTUS. They've got a power play going and are going to use it to the very fullest extent. Only problem is they then own everything. How will they ever win another election after gutting Medicare, Medicaid and SS? Unless they take vote hacking to an even higher level, they won't. Even stupid people know when they can't pay for the medicine or see a dr. and will take revenge on the folks that did this to them. If Repugs pass all 3, bet it won't be implemented until later in 2020 to avoid the next election - the sneaky assholes.

Honestly, they should have gotten beaten up for hell at the bare minimum in senate races for the shit they pulled, and the country, ONCE AGAIN, did not hold them one bit accountable.

While I agree the Dems need to sack up, the reality of the world we live in is that republicans get to play by a totally different set of rules because they have to completely blow the country the fuck up for voters to every hold them accountable.

The president and senate dems should have been bringing it up every time a camera was in their face. The pukes refused to do their jobs, and they let them get away with it because they were so sure HRC would win. After all these years, haven't we realized what Harry Reid really is- big on talk, small on action.

You know - that document that they say we should take as literally as possible. But you know what? Fuck that, what he did was actually an act of treason.

And insist any appointment made by Orange Hair is not legitimate because he is popular vote loser and the people should decide in 2020.

If any justice needs replacing later than year 3 of the Trump fiasco, tell them to forget about it until "the people have their say" in the next election. Payback's a bitch.

therefore he doesn't get to pick

Most acted like they didnt care.

Tooth and nail with no quarter given.
Enough of this roll over shit. Americans don't give a crap if you cooperate with the GOP. They see that as the GOP being better than Democrats.
The GOP taught the American people that total obstruction of government over principles and values is the right thing to do.
Now it's our turn.