Yes Obama could recess appoint SCOTUS until the 22nd. But it would only be to the end of the year.

[yourout]

http://video.foxnews.com/v/4754473099001/could-obama-make-a-recess-appointment-to-the-supreme-court/?#sp=show-clips

[Dont call me Shirley]

1. But gop is not allowing any recess time, meanies. No recess makes Jimmy a bully.

[yourout]

2. We are in a recess right now and they have to have both houses in Washington to come out of recess.

They reconvene on the 22nd.

[Dont call me Shirley]

3. Aren't the GOP always doing pro forma sessions?

http://www.washingtonpost.com/wp-dyn/content/article/2010/10/14/AR2010101405441.html

"At 11:30 a.m. on Friday, Oct. 1, 2010, Sen. Ben Cardin of Maryland called an otherwise empty Senate chamber to order. He asked the clerk to read a letter from Sen. Daniel Inouye, the president pro tempore of the Senate, appointing Cardin acting president. Then, as presiding officer, Cardin abruptly declared the Senate in recess until 11 a.m. on Tuesday, Oct. 5. This "pro forma session" lasted precisely 28 seconds.

The same procedure will be used 13 more times, at least twice a week for six weeks, until the 111th Congress reconvenes for real after the November elections. The unanimous-consent order setting up this odd procedure stipulates that the Senate shall "meet in pro forma session only with no business conducted."

What's the point of these phony "pro forma sessions"? They serve but one purpose: to prevent the president from exercising his constitutional authority to make recess appointments."

[yourout]

4. Not right now.....

[Dont call me Shirley]

5. Good. Obama should appoint the leftist liberal he can find.

[yourout]

6. What I think is going to happen is....Obama will threaten to reccess appoint unless he gets....

assurances that his moderate pick will get passed and then after the 21st when he will not be able to recess appoint they will "Charlie Brown" him and pull the football away.

No way I would trust them.....none.

I am hoping he has been bitten enough by now to just go ahead and recess appoint and fight as best he can to get a permanent appointment passed knowing full well that it is unlikely they will ever let his pick through.

[onenote]

8. wrong.

Check the Congressional Record for Friday (no one seems to have thought of doing that):

ORDERS FOR MONDAY, FEBRUARY 15, 2016, THROUGH MONDAY, FEBRUARY 22, 2016
Mr. MCCONNELL. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn, to then convene for pro forma sessions only, with no business being conducted, on the following dates and times, and that following each pro forma session, the Senate adjourn until the next pro forma session: Monday, February 15, at 11 a.m.; Thursday, Feb- ruary 18, at 9 a.m.; I further ask that when the Senate adjourns on Thursday, February 18, it next convene at 3 p.m., Monday, February 22, unless the Sen- ate receives a message from the House that it has adopted S. Con. Res. 31, and that if the Senate receives such a message, it stand adjourned until 3 p.m.,
Monday, February 22; that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, and the time for the two leaders be re- served for their use later in the day; I ask that following the prayer and pledge, Senator COONS be recognized to deliver Washington’s Farewell Address; further, that following the reading of Washington’s Farewell Address, the Senate be in a period of morning busi- ness until 5:30 p.m., with Senators per- mitted to speak therein for up to 10 minutes each.
The ACTING PRESIDENT pro tempore. Without objection, it is so ordered.

CONDITIONAL ADJOURNMENT UNTIL MONDAY, FEBRUARY 15, 2016, AT 11 A.M.
Mr. MCCONNELL. Mr. President, if there is no further business to come before the Senate, I ask unanimous con- sent that it stand adjourned under the previous order.
There being no objection, the Senate, at 10:19 a.m., conditionally adjourned until Monday, February 15, 2016, at 11 a.m.

[onenote]

7. wrong on both counts

If a recess appointment could be made it would last until the end of the "next" session of Congress--not "this" session. So it would continue until the end of 2017.

However, Obama can't make a recess appointment between now and the 22nd because, despite what some people seem to think, the Senate has not recessed in a way that would allow recess appointments under NLRB v. Canning.

Think about it -- there are any number of judicial and other nominations made by Obama that are pending, some for a year or more. The repubs didn't suddenly slip up and create an opportunity for recess appointments for any of them.

Its clearly spelled out in Friday's Congressional Record. The Senate is conditionally adjourned until Monday the 15th and has stated its intent to have pro forma sessions every couple of days between then and the 22nd.

[yourout]

10. What happens if they did not use the planned Pro Forma sessions?

After three days without a Pro Forma are they considered in Recess at which point they could only reconvene as a whole?

[onenote]

11. Not sure, but we're not going to find out in any event

Obama isn't going to name someone via recess appointment a week after Scalia's death without first submitting the name for consideration by the Senate. Not that he couldn't, but he won't.

[Dont call me Shirley]

12. Sadly, you are correct, onenote. He will not stop "compromising" with the seditious party.

[onenote]

14. What he's not going to do is make a political blunder before the election

The Repubs are taking fire for their over the top response. Responding by following the usual order keeps Obama and the Democrats holding the high ground politically.

[Dont call me Shirley]

15. And this has been his MO.

[yourout]

9. I stand corrected...thanks

Knew I should not have got my hopes up.

[MineralMan]

13. He's not going to do that.

Last edited Mon Feb 15, 2016, 10:22 AM - Edit history (1)

He will nominate someone who should be acceptable and then shame the Senate until they cave or lose their majority in November.

He will behave as a President.

[onenote]

16. +1 Surprising that some here don't seem to understand the concept