The Conservative Cave
Current Events => Breaking News => Topic started by: Gamle-ged on January 02, 2017, 09:45:46 AM
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President Obama will have one last chance to force Judge Merrick Garland onto the U.S. Supreme Court on Tuesday — but it’s a legal gamble and one that has so many pitfalls that even those who say he could get away with it believe it isn’t worth the fight.
Mr. Obama’s moment will come just before noon, in the five minutes that the Senate gavels the 114th Congress out of session and the time the 115th Congress begins.
In those few moments the Senate will go into what’s known as an “intersession recess,” creating one golden moment when the president could test his recess-appointment powers by sending Judge Garland to the high court.
A smattering of activists has asked him to give it a try, but Mr. Obama has given no indication that he’s thinking about it. The White House didn’t respond to a request for comment for this story.
http://www.washingtontimes.com/news/2017/jan/1/obama-could-still-force-merrick-garland-onto-supre/
Unlikely? Don't put anything past the 2-year-old in the White House throwing another tantrum in his last 18 days...
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Here’s Why Obama Can’t Recess Appoint Merrick Garland To SCOTUS
In the waning days of the Obama administration, some liberal legal scholars have argued the president should recess appoint Judge Merrick Garland to the Supreme Court to punish Senate Republicans.
http://dailycaller.com/2016/12/30/heres-why-obama-cant-recess-appoint-merrick-garland-to-scotus/
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It would be a colossal mistake. But he might still try. What does he have to lose?
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My thinking in this thread is that Obama is so self-deluded and so narcissistic that he will fire his six-guns wildly in all directions for the next 18 days, hoping to magically strike a legacy bullseye that might be seen to be better than his having single-handedly driven the Democratic Party into utter ruin...
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Obama could use 5 minute window to FORCE SCOTUS PICK Garland
Most conservatives would say that based on everything we know about Obama’s temperament and politics he is highly likely to resort to this.
There’s still a chance for President Obama to put Merrick Garland on the Supreme Court, and he should do it. https://t.co/QUyStHtLyQ pic.twitter.com/aFNXIgq1ao
— New Republic (@NewRepublic) December 27, 2016
http://www.thegatewaypundit.com/2017/01/obama-use-5-minute-window-force-scotus-pick-garland/
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From the New Republic piece:
It goes without saying that Obama appointing Garland in this fashion would be highly controversial. Indeed, it would make the nation’s collective head explode. Conservatives would demand the Court immediately block the appointment. However, it is likely they would need Garland to participate in a case that gets a ruling so they could have a plaintiff with standing to say they have been harmed by the Garland appointment. And then they would have to move that case through the lower courts. That process would take several months, and all the while the Supreme Court would have a center-left majority.
The intervening months would be filled with outrage and talk of treason. The media would be consumed with debating the question. Trump and his allies would denounce Obama’s lawlessness. Dahlia Lithwick is correct to call the prospect a “grotesque spectacle.” And potentially nothing else would get done, which, if you’re interested in not having the Republican majority govern effectively, is a little side benefit.
All that said, this would be completely out of character for Obama, who plans to spend his final two months in office as a horse whisperer to Trump, not an antagonist. The gambit would have an extremely low likelihood of permanent success—even if the Court didn’t rule the Garland appointment unconstitutional (and it probably would), he’d be out in a year.
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As we now know, NOTHING damaging and disruptive is out of character for Obama, whether it be overturning decades of US protection for Israel in the UN, to writing hundreds of magic pen decrees in his last month in office, seeking to hamstring the incoming President for months...
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The appointment is only temporary, and expires at the conclusion of the ensuing Senate session.
Read more: http://dailycaller.com/2016/12/30/heres-why-obama-cant-recess-appoint-merrick-garland-to-scotus/#ixzz4UdrHcFjp
That right there throws the whole idea into the realm of being an unconstitutional appointment, imo. Supreme Court Justice is a lifetime appointment. However, the Constitution says recess appointments are only temporary.
To me, that means that the recess appointment power was never meant to apply in cases like this.
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Ok, I have to admit that I would thoroughly enjoy watching him doing it, and the fight that would ensue afterwords.
And I say that because we all know damn good and well it wouldn't work and the DUmp-monkeys would go ff their rockers when the evil Republican congress threw a wrench in it right away. Oh, that would be so much fun to watch
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Scary thing is, if it could take months of lower court action before Obama's newest Justice IS removed from the USSC, leaving a temporary Liberal court for all of 2017. I'd expect Liberals to push case after case to that court, hoping for lots of Leftist rulings, expanding their damage to America for years after Obama leaves. If there is one rat hole they can squeeze through, the rats will use it...
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This possibility was mentioned on FOX this evening by Bret Baier. In any event, we will know tomorrow between 1155 and 1200 noon...
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The DUmmtards beat this to death weeks ago. There is nothing that makes a recess appointment irrevocable, long before he got sworn in Trump could revoke the appointment, even if Obozo was nuts enough to try it.
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It's past noon and the attempt seems not to have been made!...
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It's past noon and the attempt seems not to have been made!...
and the DUmp responds...
(https://si.wsj.net/public/resources/images/PJ-CB696_BONDS_J_20150518131623.jpg)
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and the DUmp responds...
(https://si.wsj.net/public/resources/images/PJ-CB696_BONDS_J_20150518131623.jpg)
:lmao: :lmao: :lmao: :lmao: :lmao:
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and the DUmp responds...
(https://si.wsj.net/public/resources/images/PJ-CB696_BONDS_J_20150518131623.jpg)
There's no one at the DUmp that normal looking. or "Clean and literate"
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This is just the election year that keeps on giving isn't it? :yahoo: