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Calista241

(5,633 posts)
5. i believe the Senate can easily frustrate his ability to make such an appointment.
Fri Nov 25, 2016, 04:02 PM
Nov 2016

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/

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