Why didn’t Obama just install Merrick Garland when Congress was in recess? (Harry Reid, Reid)
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Has Pres Obama ever given an answer to this question? It would be foolish to believe that the Republicans would have agreed on anyone that Obama suggested, so why bother? You could argue that everyone thought that HRC would ultimately win and would get to appoint the next SCOTUS seat, but that would have been HIS pick and lasting mark on the Judiciary. Why didn’t he just put a stick in McConnell’s eye and install Merrick Garland?
Because recess appointments are temporary: "Should there be a Senate recess of sufficient length, the president has constitutional authority to make a recess appointment of a new Supreme Court justice.[21] Any justice so appointed would be eligible to remain on the Court until either the end of the subsequent Congress's first session, or until the Senate consents to a permanent replacement. "
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.
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.
It was a farce of our Democracy to have the GOP hold it.
Personally I feel they will pay for this stupidity in the long game.
Actually the Democrats "paid for" this because it was originally Joe Biden's idea in 1992, so yeah its just more he did it first non-sense and hypocrisy.
So Obama could have simply put Merrick Garland on the bench. And Congress likely would not have confirmed him and them he'd leave the bench at the end of the session (essentially Jan 2017). And Garland could possibly have ruled on a few cases - maybe.
It was well within Obama's power to do a recess appointment. He could have wielded that power. He didn't. Why? Maybe because you don't just do something because you can. You know, how you don't just start confirming Supreme Court justices with 52-48 votes in the Senate just because you can. Oh wait, you do that if you choose to break tradition. Yeah yeah, I know. Harry Reid and some lower court justices. Sure sure. Small potatoes.
McConnell was unscrupulous in his usage of power.
Last edited by dspguy; 09-05-2018 at 11:38 AM..
Reason: fixed grammar
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