GOP worries Obama could install Scalia successor through recess appointment

[KamaAina]

http://www.washingtonexaminer.com/gop-worries-obama-could-install-scalia-successor-through-recess-appointment/article/2583236

Senate Majority Leader Mitch McConnell has vowed not to confirm a successor to the late Supreme Court Justice Antonin Scalia, but some Republicans worry that President Obama could install a replacement anyway.

"We're in recess, so Obama can, in theory, appoint someone," a senior GOP aide told the Washington Examiner. "He could appoint (Vice President Joe) Biden tonight if he wanted to."

Obama wouldn't be the first president to use a recess appointment to place a justice on the high court. There are have been 12 justices appointed to the Supreme Court while the Senate was in recess. Dwight Eisenhower was the last president to use that power — he did so three times, according to Scotusblog....

But that's not the case now. The Senate is scheduled to be in recess until Feb. 22, giving Obama nine days to mull the idea. If Obama were to pursue that route, Republicans likely would argue that the Senate was out of session for too short a time for Obama to take advantage of the recess appointment power. But the Supreme Court has never said exactly how long a recess must be for the president to make recess appointments.

[tammywammy]

1. They never go into recess, they always hold pro forma sessions.

[tritsofme]

6. Apparently they are in a real recess for the next week.

No pro-forma sessions.

[tammywammy]

9. Incorrect, they're doing pro forma sessions.

Per the congressional record from Friday, https://www.gpo.gov/fdsys/pkg/CREC-2016-02-12/pdf/CREC-2016-02-12-pt1-PgS886-6.pdf#page=2

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.

[tritsofme]

10. Thanks. I've seen the OP article flying around, it appears to be completely off base.

It seemed very odd they would have all of the sudden stopped doing the pro-forma sessions.

[onenote]

12. Exactly. There are a number of Obama appointments languishing

-- not just judicial appointments -- and the repubs aren't about to let down their guard so he can use the recess appointment power to fill them for the rest of his term.

[Erich Bloodaxe BSN]

2. He should. He should do it right away.

Besides, since a recess appointment only lasts a year, that allows the next President to name a successor for the long term, which is what Republicans are pretending they want anyway, for the next President to get to name someone.

[Duckhunter935]

5. how, when the Senate does not recess

He already lost that battle with his NLRB appointments

[Duckhunter935]

3. too bad the Senate does not recess

As has been pointed out many times

[tritsofme]

7. If this article is correct, the Senate is in an actual recess for the next week or so

No pro-forma sessions...very interesting...

[spanone]

4. good, keep those bastards worried

[tk2kewl]

8. No need to worry... He will give you someone to vote on. Just vote.

[ananda]

13. Yeah, make them go down in fire!

..

[Rex]

14. Their biggest tool dies on them and now they are in full panic mode.

Scalia was their most useful tool...

[Initech]

15. The meltdown next week is going to be incredibly fun to watch!

[Rex]

19. Hopefully it will include GOPers stabbing each other in the back.

Scalia picked the perfectly wrong time to kick the bucket as far as the GOP is concerned. Should be a good show!

[AwakeAtLast]

16. Well, if you come right out and say you're not going to confirm

Shit still rolls downhill, right?

[yuiyoshida]

17. Don't wait for the Republicans...find someone and do it!!

I can imagine them howling in Horror if he did!! It would be hilarious !!!

[hfojvt]

18. this appears to be a false story

Recess appointments are apparently only temporary

Every one that I see in the record was re-appointed later, apparently when the Senate was back in session. One of them, way way back was actually even rejected.

John Rutledge one of the first members of the Supreme Court who resigned after one year was nominated for Chief justice as a recess appointment on 1 July 1795 took the oath of office on 12 Aug 1795 but then was rejected by the Senate 10-14.