Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
It would have been illegal for him to do so. The Supreme Court held in the recess appointments clause case during the Obama years that:
Quote:
we conclude that the phrase “the recess” applies to both intra-session and inter-session recesses. If a Senate recess is so short [i.e., less than 3 days] that it does not require the consent of the House, it is too short to trigger the Recess Appointments Clause. See Art. I, § 5, cl. 4. And a recess lasting less than 10 days is presumptively too short as well.
But given that Obama has had no problem violating the law in the past to get his way (DACA/DAPA, after saying that he had no legal authority to enact such programs), I think the practical reason why he didn't do so is that it would've created a vacancy on the D.C. Circuit Court of Appeals.
And because Obama didn’t actually want Merrick Garland to be nominated. If he really thought he had a chance to get a nominee confirmed, he would have picked someone much more liberal.
I think he picked someone extremely well-qualified and relatively moderate, so that the Republicans would look bad when they voted Garland down. It would expose them as partisan hacks. The GOP then out maneuvered Obama by not voting at all. It was a risk, because had Hillary won election, they would be in a deadlock today to block her much-more liberal nominations. In fact, we could have been looking at a 7-member court because the GOP senate wouldn't confirm Jesus Christ, if Hillary had nominated him.
I think he picked someone extremely well-qualified and relatively moderate, so that the Republicans would look bad when they voted Garland down. It would expose them as partisan hacks. The GOP then out maneuvered Obama by not voting at all. It was a risk, because had Hillary won election, they would be in a deadlock today to block her much-more liberal nominations. In fact, we could have been looking at a 7-member court because the GOP senate wouldn't confirm Jesus Christ, if Hillary had nominated him.
What has happened through this is a president cannot appoint a SCJ unless they also hold the Senate. And that is the point Democrats need to make in 2020. Not only does Trump need to lose, the GOP needs to lose the Senate because
after Merrick Garland, it is clear Republicans only believe in a constitution they benefit from.
I think he picked someone extremely well-qualified and relatively moderate, so that the Republicans would look bad when they voted Garland down. It would expose them as partisan hacks. The GOP then out maneuvered Obama by not voting at all. It was a risk, because had Hillary won election, they would be in a deadlock today to block her much-more liberal nominations. In fact, we could have been looking at a 7-member court because the GOP senate wouldn't confirm Jesus Christ, if Hillary had nominated him.
McConnell never recessed the Senate, in fact it may Not have recessed for 10 years.
During the first year of GOP control of the Senate Pres. Obama tried to use a recess appointment for the CFPB (I Think). It went to the courts who said that the Senate did not go into recess.
I think he picked someone extremely well-qualified and relatively moderate, so that the Republicans would look bad when they voted Garland down. It would expose them as partisan hacks.
Well, McConnell doesn't GAF about how they look. He's pure bare-knuckles partisan politics - anything that works.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
