Chances of a Recess Appointment to the SCOTUS?

[Tim Bonney]

What do you think the chances are that Obama will make a recess appointment to the Supreme Court? Too controversial? The only way to get who he wants on the court this year? Opportunity for a big lawsuit?

I just read online today that as the Senate is in recess Obama could make such an appointment but he'd have to do it almost immediately.

What do you think?

[Dave Roberts]

If he nominates an African-American, watch the GOP squirm trying to avoid a
"racism" charge.

[Tim Bonney]

[Sandy]

I don't know about a recess appointment. That might be the way to go. But I think he needs to go straight up and put the pressure on the senate. There are enough Republicans in competitive challenges to re-election, especially in traditionally blue states, to put the pressure on and get enough votes to confirm a nominee. Of course, on the campaign trail, the voices have to be shrill, but in fact, looking toward a general election, do you really want to hand an issue to the opposition that will most certainly help them get their voters out?

I agree with Ted Cruz, at least in principle. The people should speak. And they already did, giving President Obama two full terms that includes the constitutional balance of power principle of appointing justices to the Supreme Court. If Cruz is the originalist that he claims to be (yeah, right ) then he needs to leave this alone and let the constitution work as it was intended.

I have already heard a couple of names, both individuals who got high marks from this senate in previous judicial approvals, one of them being the current AG, Loretta Lynch.

[Haruo]

Sri Srinivasan?

[ET]

[Dave Roberts]

The other reason that Obama will not use a recess appointment is that he wants to force the issue with the Senate. One-third of them will be explaining to the voters why they will not follow the Constitution of which Scalia was a "textualist." If he goes to Congress, there may be some Senate seats flipped.

[Tim Bonney]

ET, I don't think he'll make a recess appointment because it plays better for the Dems of the GOP look like obstructionists for the next 11 months.

[Sandy]

Executive orders are part of the constitutional balance of power that is given to the executive branch, along with the power to appoint justices to the courts. There is no precedent, and no prohibition on his doing this at any point in his term. The people elected this President to two full four year terms, rather overwhelmingly as far as Presidential elections go. And that includes their approval of his having the constitutional power to appoint justices to the Supreme Court. Getting citizens united shut down would be nice, but I think making an appointment, and then putting the pressure on the six or so Republican senators who are struggling with re-election right now, will be more effective.

Then again, waiting is no guarantee that the GOP gets what it wants. With the way the campaign is going, seems like a Democrat will get to make the pic anyway.

[Sandy]

After Donald Trumps bombing raid this week, I think the prospects for a Democrat naming the next Supreme Court justice are getting significantly higher.

[Ed Pettibone]

[Tim Bonney]

While it is huge (or yuge as the Donald likes to say it) that Trump has 35% of the vote, it isn't enough for a nomination by the party. The GOP convention is going to be quite a circus this time around unless something changes.

[Sandy]

MSNBC is always good in it's analysis, and they've calculated that at his current percentages in the polls, Trump will fall about 500 delegates short of winning the nomination. The GOP establishment still seems to think that once the other side candidates fall away, one of the mainstreamers like Rubio or Bush, or now, Kasich, will pick up the 65% or so that aren't supporting Trump, and he'll be done.

I have a hard time seeing how very many of his followers are going to be brought over to support a mainstream candidate. Those who are left that he hasn't alienated with caustic criticism aren't exactly on board with his policy whatever that might be.

[Stephen Fox]

http://foxofbama.blogspot.com/2016/02/a ... ement.html

[Haruo]

; since Orrin Hatch is now President (pro tem of the Senate) Franken's invocation of his name in support of his thesis is witty. Wonder what Hatch thinks of this. Also wonder if there are any here (ET?) who have considered Franken's argument (the basic theses, not the flourishes and the sarcasm) that it is the sworn duty of the Senate to move forward on the matter of a SCOTUS nomination, or who will defend the GOP leadership's use of Scalia, the originalist, in his death as a tool in this diametrically opposed stance of theirs.

[Ed Pettibone]

[Sandy]