Jonathan Turley:A recess appointment will do reparable harm

[bigdarryl]

Fuck you Turley the President has the option of a recess appointment.http://video.foxnews.com/v/4754473099001/could-obama-make-a-recess-appointment-to-the-supreme-court/?#sp=show-clips

[Dawson Leery]

1. Turley became a right wing nut the moment Obama won.

[onenote]

2. Before there can be a recess appointment there needs to be a recess

And the Senate hasn't had a recess that would allow a recess appointment in some time and won't be having any the rest of Obama's term in all likelihood.

[former9thward]

3. Exactly.

It is a moot point.

[yourout]

4. They are in one now....he has until the 22nd.

No Pro Formas on the schedule and they can't do anything until congress reconvenes on the 22nd.

[onenote]

5. You are mistaken.

From Friday's Congressional Record:

ORDERS FOR MONDAY, FEBRUARY 15, 2016, THROUGH MONDAY, FEB- RUARY 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 mes- sage, 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 tem- pore. Without objection, it is so or- dered.


CONDITIONAL ADJOURNMENT UNTIL MONDAY, FEBRUARY 15, 2016, AT 11 A.M.
Mr. MCCONNELL. Mr. President, if there is no further business to come be- fore 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.

[yourout]

7. Where did you find that.....I looked high and low?

[onenote]

8. I check the CR for work related reasons most days.

https://www.gpo.gov/fdsys/pkg/CREC-2016-02-12/pdf/CREC-2016-02-12-pt1-PgS886-6.pdf#page=2

[yourout]

11. Crap....I was hoping their were no Pro Forma sessions this week.

[elleng]

6. Right, but the likely recess here is between end of Prez O's term and the next POTUS term.

[onenote]

9. Not necessarily.

If the Repubs still control the Senate after November, they can keep the 114th Congress in session right up to the moment on January 3 when the new Congress convenes.

[elleng]

10. holding breaths!!!

[exboyfil]

12. Gavel out old session

Deliver recess appointment before the new session is gavelled in?? Does the President of the Senate (Biden) have any control in these matters.

[onenote]

14. Adjourning the Senate requires a vote. It can't be done unilaterally by the presiding officer.

Typically it is done by "unanimous consent."

[Nevernose]

16. It has to be at least ten days recess

At least according to the unanimous NLRB v Canning decision from 2014 (IIRC).

[exboyfil]

18. But this is a different situation I think

for an intersession recess. So how would the 8 member court rule. What happens to the 9th member who was recess appointed and whose appointment is now under consideration.

Here are some examples:

https://www.fas.org/sgp/crs/misc/RS21308.pdf

On one of these occasions, the President made a recess appointment during an intersession recess
of three days or less, where the Senate had adjourned sine die under the terms of a concurrent
resolution. The adjournment began when the Senate adjourned the second session of the 80th
Congress sine die on December 31, 1948, and concluded when the first session of the 81st
Congress was convened on January 3, 1949. On January 1, 1949, during this three-day
adjournment between sessions, official records indicate that President Harry S. Truman recess
appointed Oswald Ryan to be a member of the Civil Aeronautics Board.26 Ryan had been serving
on the board, and President Truman appointed him to a new term. Notably, the adoption of a
concurrent resolution to adjourn sine die prior to this short intersession recess distinguishes it
from the short intrasession recesses resulting from practices during the 112th Congress, where no
concurrent resolution had been introduced.
On the other of the two occasions, the President made recess appointments during a transition
between sessions of less than a day in length, where no concurrent resolution regarding the
transition between sessions had been adopted. In fact, it appears that little time elapsed between
the sessions on this occasion. When the first session of the 58th Congress ended, at noon on
December 7, 1903, and the second session began soon thereafter, President Theodore Roosevelt
made over 160 recess appointments—mostly of military officers. President Roosevelt treated the
period between these sessions as a “constructive recess.”

[Nevernose]

19. It's gonna be a constitutional crisis shitshow no matter what's right

(Although I do hope you're right)

That's why I, and so many others, hate Scalia so much: he didn't care one whit about the constitution or stare decicis or his own "originalst" bullshit. Scalia did whatever the fuck he wanted to and then obscured his corruption with walls of meaningless words and lies. Judges in third world shit holes propping up dictators were less transparently biased and corrupt than Scalia.

But if there's one thing I learned from Scalia, is that any aspect of he law can be twisted and corrupted as long as you're partisan enough. The next year is going to be hell for any American smart enough and/or not selfish enough to see through the bullshit.

[StevieM]

13. A recess appointment would be pointless.

The seat would eventually be subject to a permanent appointment. In other words, we would be risking our chance to fill the seat.

Granted, the GOP won't allow a new nominee to be confirmed. But at least this way we can hold it over them.

[Gabi Hayes]

15. so the gist of this thread is that, Turley, as usual

is talking out of his ass, showing himself, once more, to be a clueless halfwit, bloated with delusions of legal grandeur

[onenote]

17. Pretty much.