Can Trump do a checkmate for the SCOTUS seat by doing a recess appointment?

[progressive nobody]

McConnell could put the Senate in Recess and Trump can put her in as a Recess appointment. They would still have her on the court for the shit show they are planning for Election.


P.S. I know the recess appointment is temporary BUT that Justice would be there if/when he bring the Supreme court the election contest.

[dflprincess]

1. I think eventually a recess appointment has to be confirmed

If that is correct it could work in our favor.

[progressive nobody]

2. yes, however she would be in that seat if any fights about the election comes to the court.

[Rule of Claw]

3. Two things-

1. Yes but my understanding is it is temporary. He won't likely do that.

2. Gorsuch and Kavanaugh are not going to turn this country into a dictatorship, and nobody will make me believe there have been secret meetings on the subject. It would probably take multiple states and multiple claims, and all kinds of attempts to gain standing presenting not one, but several different causes of action that the Roberts' Court would have to accept.


More importantly a direct appeal to the Supreme Court without lower circuit input is something they dislike, because it upends the system. The Supreme Court is there in a sense, to serve as oversight over lower courts, not legislate or overstep bounds.

[enough]

4. I thought so, until Bush v Gore. They'll do whatever they have to to get the

result they want.

[progressive nobody]

6. okay understand what you are saying

However I can see Kavanaugh going Trump.

I'm just saying we did have Bush V Gore at the Supreme court. It would have to go thru the lower court first but it could end up in the Supreme court again.

[bottomofthehill]

5. Actually no, the The House will not recess which blocks his ability to recess anyone

Even though the Senate confirms, the Congress must be in recess ( House and Senate) for a recess appointment. Plus a recess appointment ends at the end of the Congress. The new Congress will get sworn in Jan 3/4 2021.

[progressive nobody]

7. Thank you that helps. I couldn't remember if it was just the Senate or House and Senate

[bottomofthehill]

9. Sad that we have to look at this insanity.

The President bends every norm. The House stayed in session twice a week during what is usually the August recess to keep him from doing insane things

[progressive nobody]

13. It is. It is crazy we have the Military officials talking about resigning if

Trump decides to use the military during the election.

I will say My friend has a brother in the military the rumors of unlawful orders talk is real. He also says there is concern about White Supremacy who are in the military trying something to help Trump.

[bottomofthehill]

14. It was nice to see the Joint Chiefs of Staff at the Capitol

For the Ginsburg Memorial today. Things like that help to bring calm and normalcy. We need a lot more of that.

In football they talk about game manager quarterbacks. Nothing flashy just competent leadership that leads to wins. That is what we need to start to rebuild the nations trust in so many areas.

[bottomofthehill]

12. I was not quite right the way I stated this.

The House and Senate do not both have to be in recess, but neither can go into recess with out the permission of the other. The Senate nor the House can unilaterally declare a recess but, they both do not need to be in recess at the same time.

[2naSalit]

8. I think recess appointments are temporary and can only

stay in that appointment for a year then requires Senate approval through the normal processes.

[progressive nobody]

10. Yes but the point would the Justice would be there for any election hearing

[2naSalit]

11. And might be pressured by

CJ Roberts to recuse herself too. Maybe she'll get too much exposure in committee, nothing is certain.

[dflprincess]

18. Rehnquist (who I couldn't stand) had enough integrity to recuse himself from the Nixon tapes case

No matter what Roberts does, I doubt a Trump appointee would have that kind of integrity.

On the other hand, Roberts is said to be very concernced about his legacy. I doubt he'd want to go down in history as the man who helped kill the United States so he might be inclinded to rule against Spanky.

That gives us Breyer, Sotomayor, and Kagan for sure, maybe Roberts and maybe even Gorsuch though the last two would depend on the arguments being made and how history might judge him.

The others are all probably a lost cause though maybe Kavanaugh could be bribed with a couple kegs.

[Blue Owl]

15. tRump can go fuck himself

n/t

[Wanderlust988]

16. Yes, there was talk of Obama doing a recess with Merrick Garland

But he was too decent of a man to break norms then.

[tritsofme]

17. Whoever said that was wrong.

Today, just as in 2016, there is no recess, so there is no opportunity for a recess appointment.