General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCould Obama have made a recess appointment for Justice Garland?
Ive seen and heard it both ways on this.
Does anybody know if Obama could have gotten around McConnells shenanigans by making Garland a SCOTUS appointment without Senate approval?
Thomas Hurt
(13,903 posts)lapucelle
(18,252 posts)from making recess appointments of any kind.
riversedge
(70,195 posts)polichick
(37,152 posts)onenote
(42,699 posts)Reid used it as well.
https://www.cnn.com/2007/POLITICS/12/31/senate.pro.forma/
gratuitous
(82,849 posts)But it would have been pointless. Garland would have served through the end of 2016, then he would have had to be re-nominated by Obama's successor and confirmed by the Senate. If Clinton had won in 2016, that wouldn't have been a problem. But since Trump won, it's a cinch he wouldn't have re-nominated Garland, and the seat would be vacant awaiting Judge Boof, who, I've heard, likes beer.
The double whammy would be that had Garland been recess-appointed, he would not have remained as the Chief Judge of the DC Court of Appeals, where he serves today.
Funtatlaguy
(10,870 posts)rickford66
(5,523 posts)onenote
(42,699 posts)There were suggestions that there was a one-second window on January 3, 2017 between the end of the 114th Congress and the start of the 115th Congress. That idea was debunked. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/12/29/the-real-reason-president-obama-wont-recess-appoint-merrick-garland-to-the-supreme-court/