Will congress give him the opportunity

If the Senate is in recess for more than 10 days, the President can appoint a supreme court justice without their approval

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Originally Posted by dan_bgblue

If the Senate is in recess for more than 10 days, the President can appoint a supreme court justice without their approval

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I imagine mitch is way too politically savvy for that, at least I hope so. What they do is hold these lame continuing sessions and iirc he's done it before during the last couple of years for exactly that reason.

I hope not. Trumps appeal is putting an end to these childish Washington as normal tactics. I sure DON'T want a country run that way. I didn't want it done when the Democrats ruled and I won't change my opinion just because the other party is in charge. To do so would be hypocritical.

The House and Senate were on "recess" much longer than that since Garland was nominated, but the McConnell is smart enough to have the session gaveled in frequently enough to stimey Obama. Obama tried to make some recess appointments to the NLRB and other bodies when the Senate was gaveling in only and was rebuked by SCOTUS.

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Originally Posted by KeithKSR

The House and Senate were on "recess" much longer than that since Garland was nominated, but the McConnell is smart enough to have the session gaveled in frequently enough to stimey Obama. Obama tried to make some recess appointments to the NLRB and other bodies when the Senate was gaveling in only and was rebuked by SCOTUS.

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Yep, the court ruled that it was a valid "session" and thus no recess appointments. Can't remember if it was SCOTUS or the DC circuit.

It's amazing all the hoops built into our system, most especially in and around the Senate.

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Originally Posted by CitizenBBN

Yep, the court ruled that it was a valid "session" and thus no recess appointments. Can't remember if it was SCOTUS or the DC circuit.

It's amazing all the hoops built into our system, most especially in and around the Senate.

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SCOTUS made the final call, I think DC Circuit had also ruled against Obama.

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Originally Posted by KeithKSR

SCOTUS made the final call, I think DC Circuit had also ruled against Obama.

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Thanks. I was pretty sure they appealed and SCOTUS ruled but I thought I remembered the DC ruling on it. As I understand it the DC Circuit has to hear all such challenges between branches first so I guess that would be automatic.

It's a procedural trick, but procedural tricks are still valid procedure. The Senate practically lives by it.

I'll be curious to see if Mitch goes nuclear on the appointment. I doubt it, but Reid opened that Pandora's box, will be interesting to see the GOP now beat them to death with it.

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Originally Posted by CitizenBBN

Thanks. I was pretty sure they appealed and SCOTUS ruled but I thought I remembered the DC ruling on it. As I understand it the DC Circuit has to hear all such challenges between branches first so I guess that would be automatic.

It's a procedural trick, but procedural tricks are still valid procedure. The Senate practically lives by it.

I'll be curious to see if Mitch goes nuclear on the appointment. I doubt it, but Reid opened that Pandora's box, will be interesting to see the GOP now beat them to death with it.

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Before the election Reed was bragging about using the nuclear option to push liberal judges through Senate confirmations once the Dems retook the Senate with a slim majority. Since retaking the majority McConnell has not resorted to the nuclear option to try to ram through legislation.