Great Idea for Supreme Court!

[kag]

My hubby just came up with a great idea!

Obama should make a recess appointment to the Supreme Court: Elizabeth Warren.

And see if the rethugs will NOT contest it, just to get her out of the Senate and get her out of the running for the 2020 presidential campaign.

As much as I admire her as a senator, and think she would make a great president, I think she would also make a thoroughly bad-ass Supreme, and she'd be there for life! And I think she scares the rethugs enough that, if someone made it clear to them that it would remove her from the Senate and from the 2020 running, they might just let it go through.

I think it's a great idea!

[WillowTree]

1. I doubt that the Republicans will chance a recess appointment.

[unblock]

2. we need her in the senate and republicans won't recess.

a recent supreme court decision made it clear that they can have a very minimal "session" once every three days indefinitely and prevent any recess appointments.

[brooklynite]

3. She won't be running for President in 2020

[Initech]

4. Good idea but do you want fundie nutbag Trump supporter Curt Schilling getting her seat?

[Calista241]

5. i believe the Senate can easily frustrate his ability to make such an appointment.

In the ruling National Labor Relations Board v Noel Canning, the Court drastically reduced the President's ability to make recess appointments.

The specific aspect that should frustrate the President is the 3 day window. If the Senate does not recess for more than 3 days, the President cannot make an appointment.

i would guess that Republicans will keep the Senate in session until right up until the end of term, and they'll be ready to gavel in the next session almost immediately, and then Trump will be President anyway.

Read more at the link below:

http://www.scotusblog.com/2016/02/is-a-recess-appointment-to-the-court-an-option/

[FBaggins]

6. Sorry... that's an awful idea

1 - Recess appointments are not for life. They last only until the end of the next Congressional session (usually in the Fall)

2 -There isn't any need for Republicans to accept it in order for her to be out of the Senate. Once she takes her seat on the court, she has to resign from the senate. They don't need to vote to confirm her (in fact couldn't in a recess appointment)

3 - Massachusetts has a Republican governor who gets to pick the date of the special election to replace her... gets to pick a temporary replacement... and might decide to run himself.

4 - The part most seem to misunderstand. Recess appointments end and the end of the next session of Congress. Some people think "session" is the same thing as "term" and thus it would be a 2-year appointment... and some think it's the end of the current legislative year... but Congress decides when their sessions begin and end and Republicans control both houses. They could easily set a session to end one day after the special election for her seat... so she's off the court and out of the Senate. Lost/lose.