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FBaggins

(28,706 posts)

45. No... it's frivolous

Sun Jun 26, 2022, 03:02 PM

Jun 2022

Note that this isn’t an “article” that goes one way.

It’s a SCOTUS ruling on the relevant question (and not one written by the conservatives)

Obama had not option of getting around the Senate. And if by some miracle he did… recess appointments are temporary. Absent a Clinton win, Gorsuch was headed to the court.

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We should have raised holy hell about Garland. [View all] Jeebo Jun 2022 OP

yeppers. this is another major misstep on our part. msfiddlestix Jun 2022 #1

NO SHIT Skittles Jun 2022 #2

"We" didn't want to FBaggins Jun 2022 #3

I was certain Trump wouldn't make it through the primaries In It to Win It Jun 2022 #35

Gore. d_b Jun 2022 #4

I think it was Glenn Kirschner who suggested this recently MerryHolidays Jun 2022 #5

Obama wasn't about to make such a frivolous argument. onenote Jun 2022 #11

What exactly is frivolous? A former Assistant US Attorney suggested it MerryHolidays Jun 2022 #14

Kirschner is not a constitutional expert. And he's mocked for mis-stating basic legal principles onenote Jun 2022 #15

President Obama potentially COULD have made a recess apointment of Garland on January 3, 2017 MerryHolidays Jun 2022 #23

It is a frivolous argument onenote Jun 2022 #43

Risky? Definitely. Frivolous, not at all. MerryHolidays Jun 2022 #44

No... it's frivolous FBaggins Jun 2022 #45

You are citing possible dicta from the Canning case as controlling on the length of the recess MerryHolidays Jun 2022 #46

and would it be worth giving up a DC Circuit seat to Trump? onenote Jun 2022 #53

Sorry... that's wild spin FBaggins Jun 2022 #54

YES! mobeau69 Jun 2022 #6

I did. I remembered begging for President Obama to Funtatlaguy Jun 2022 #7

Obama could have recess-appointed Garland. FoxNewsSucks Jun 2022 #8

No he couldn't. That would require a recess. And the Republicans controlled the Senate. onenote Jun 2022 #12

People choose to forget what they didn't already understand. nt Samrob Jun 2022 #16

There was a indeed a recess on January 3, 2017 between the old and new Congress MerryHolidays Jun 2022 #24

President Obama didn't mention Garland once in his speech at the 2016 convention BeyondGeography Jun 2022 #9

I heard that she was going to retire. Jeebo Jun 2022 #10

To be honest BeyondGeography Jun 2022 #21

So I take it you wanted Obama to publicly shame RBG? onenote Jun 2022 #13

You know what's really sad? BeyondGeography Jun 2022 #22

I too have issues with how President Obama handled this MerryHolidays Jun 2022 #26

There was never going to be a vote BeyondGeography Jun 2022 #36

Given we were under an electronic invasion by Russia, I don't think it would have MerryHolidays Jun 2022 #37

Go ahead and tell us all the other shit Obama didn't do right. Solomon Jun 2022 #27

Oh, like the first thing I'm going to do is codify Roe? BeyondGeography Jun 2022 #34

Yep. The first black president could have done everything a white president could do. Solomon Jun 2022 #40

We did. There was nothing further that could have been done Amishman Jun 2022 #17

This is absolute nonsense. There is nothing President Obama could have done differently that tritsofme Jun 2022 #18

Not sure agree. See post 23 (mine) nt MerryHolidays Jun 2022 #28

You keep jumping between so many fringe legal fantasies here, it's hard to keep up. tritsofme Jun 2022 #47

Thanks for your analysis (or lack of it) and ad hominem attack MerryHolidays Jun 2022 #48

I hadn't realized you shifted from "just pretend they're confirmed" to some recess appointment tritsofme Jun 2022 #50

I haven't "shifted" one bit. A recess appointment is consistently what I mentioned in my posts here MerryHolidays Jun 2022 #55

Garland's seat on the DC Circuit only would have been lost if he participated in a gimmicky tritsofme Jun 2022 #56

Post removed Post removed Jun 2022 #19

You forget that our Constitution is dumb as fuck. maxsolomon Jun 2022 #20

"Obama had just gone ahead and told Garland to take his seat. " brooklynite Jun 2022 #25

A recess appointment on January 3, 2017 was possible. MerryHolidays Jun 2022 #29

No, it was not. brooklynite Jun 2022 #31

You can't hold a pro forma session between TWO different Congresses, can you? MerryHolidays Jun 2022 #33

The Senate doesn't have a different Congress. brooklynite Jun 2022 #41

I was livid, mostly at Moscow Bitch Sugarcoated Jun 2022 #30

What would that do ? People need to vote for Democrats JI7 Jun 2022 #32

No, because Americans blame both sides for dysfunction in politics. betsuni Jun 2022 #38

We did Patton French Jun 2022 #39

A Democratic president would never do that, we're the "lets all try and get along party" Mr. Sparkle Jun 2022 #42

This post should be removed. we can do it Jun 2022 #49

We did raise holy hell. Where were you? Novara Jun 2022 #51

We did and we were informed not to threaten them with the courts...for Christ sake. Demsrule86 Jun 2022 #52