Obama still might be able to put Merrick Garland on the Supreme Court

[Draggingtree]

American Thinker:

November 14, 2016

Obama still might be able to put Merrick Garland on the Supreme Court

By Ed Straker

 

Remember Merrick Garland, the judge President Obama nominated for the Supreme Court? Back in March, Republicans said they would not consider the nomination because it came too late in Obama's term to be considered, and they would leave it to the next President to choose a nominee.

 

But Democrats never give up, and President Obama may have a unique opportunity when the Senate goes into recess. Under the law, when the Congress is in recess for at least ten days, the President can make what's called recess appointments.

 

Under the Constitution and Supreme Court precedent, a president may make a recess appointment – including one to the Supreme Court – but only if the Senate is in a recess that lasts at least ten days. If the Senate reassembles more frequently than that, but does no business other than formally opening and closing a session, that still interrupts the opportunity for a recess appointment to any federal post.

 

Once the Senate has recessed this year’s session for the final time, in late December, the Garland nomination – if not acted upon – would be returned to the White House.

[SrWoodchuck]

I could see the end of McConnell...should he Fu-Uh this one...and rightly so. That Barky would try is without dispute...along with anything else he can think of, to punish America...before he gets tossed outa his crib. I get a smile thinking that "His Legacy" is complete Republican domination of both houses of Congress, the WH & many, many state legislatures & governorships. At least his accomplishments will be more than just being the #1 Gun Salesman for 8 years in a row. Thanks, Barky!