Tuesday Surprise? Obama Could Appoint Merrick Garland to SCOTUS During Senate “Intersession Recess”

Tuesday Surprise? Obama Could Appoint Merrick Garland to SCOTUS During Senate “Intersession Recess”

Tuesday Surprise? Obama Could Appoint Merrick Garland to SCOTUS During Senate “Intersession Recess”
Merrick Garland, Obama nominee for SCOTUS. Nice body language, BO. (Photo Credit: DailyKos)

Soon-to-be former president, Barack Obama, in the waning days of his tenure, is behaving like the dictator he’s always aspired to be. From backdoor gun control targeted at some Social Security recipients, to poking Israel and Russia in a last-ditch effort to start a conflict that President-elect Trump would inherit, Obama is showing his true colors. And none of them are red, white, and blue or aimed at expanding our freedoms. So what’s the newest agenda item his radical leftist, and increasingly totalitarian, base is begging him to impose (there’s even a petition on whitehouse.gov, doncha know)? Forcing the filling of the irreplaceable Justice Antonin Scalia’s seat, that’s what:

Hillary Clinton, Queen of California. (Photo Credit: Nevada County Scooper)

Sure. Because they “earned” it, according to the Huffington Post. By winning the popular vote, I suspect. Perhaps a “President of California” participation trophy should be awarded to Mrs. Clinton. But I digress…

So what’s their newest scheme? This: if Obama continues his pen-wielding tendencies, during the few moments when the 114th Congress is gaveled out, and the 115th gaveled in today, he could tread all over Donald Trump’s SCOTUS pick. From Fox News Insider:

Due to a somewhat arcane procedural period in the Senate, President Obama may have one final opportunity to see Judge Merrick Garland, his 2016 nominee to the Supreme Court, be put on the bench.

During the “intersession recess”, the moment or so [just before noon] between the time the presiding officer of the Senate gavels-out the 114th Congress and gavels-in the 115th, Obama may be able to exercise his ‘recess appointment’ powers and place Garland on the court, the Washington Times reported.

However, such a move could be legally complicated.

So is it outside the realm of possibility that Mr. Obama would trample all over the voices of the people, our representatives, and democracy itself? Again? In a word: no. Why? Because he’s already tried it. Remember this?

Conservative rock star, the late Justice Antonin Scalia. (Photo Credit: New Yorker)

Fortunately for us, we remain a Constitutional Republic, and the Supreme Court—in a 9-0 vote that included Justice Scalia himself—unceremoniously smacked Mr. Obama down.

While the president can indeed make ‘recess appointments’ to various positions when the legislature is not in session, the Supreme Court voted unanimously in 2014 to overturn several of Obama’s 2012 appointees made during a recess.

The court considered Congress in-session at the time, therefore preempting any executive action.

Still, that tidbit of history wouldn’t stop Captain Penwielder. Why? Because he’s already shown his affinity for shamelessly throwing up major roadblocks for the incoming Trump administration. See masses of new EPA regs, major land grabs, and oil drilling bans for further proof. Along with all the other intentional obstructions, another bastardized “recess” appointment—which, mind you, would only be temporary according to the Washington Times, but long enough to certainly muff things up for the foreseeable future—would lob an additional monkey wrench into the spokes of a Trump administration. It’s already inheriting a mountainous mess left for it by the Obama regime.

So, will Barack Obama continue brandishing his mighty pen like Kim Jong Un with a better haircut? Or will he behave himself and allow the incoming president to nominate Justice Scalia’s replacement? I put precisely nothing past this man. He’s shown us who he is throughout the past eight years, and significantly in recent weeks by ramping up his writing of EO’s and regulations. His presidency is, and has always been, an assault on America, her culture, and our individual liberties. Let’s hope we make it past noon Eastern today without any more surprises, at least on the SCOTUS front. But I wouldn’t hold my breath. Just ask an average Israeli—whom Mr. VotePresent made sitting ducks of last month—how reasonable and respectful they find Mr. Obama.

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  • GWB says:

    However, such a move could be legally complicated.

    That’s putting it mildly.

    The recess appointment is intended to handle emergencies when the Senate isn’t around to provide advice and consent. Five minutes certainly wouldn’t be an appropriate gap based on an originalist reading of the Constitution. Of course, if he appointed someone, they would be sitting on the court when their own appointment was being considered – and I doubt they would recuse themselves (what with being an 0bama appointment). (Heck, I wouldn’t put it past the 4 other liberals and the new appointee to deny cert on any claims by Congress or a citizen.)

  • Mike Barnum says:

    Maybe someone should actually read what the constitution says about this. It is in very simple language that even a moron should be able to understand. Of course, liberals make morons look like genius. These words appear in the appointment clause of Article II of the constitution:
    “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session” Note that no vacancies has or will occur during the brief recess of the senate today. Someone please take a few minutes to read the constitution, especially you liberal law school professors.

    • Jodi says:

      I’m relatively certain Obama knows what the Constitution SAYS; he just doesn’t care. He’s shown that time and again. Now as for his supporters: isn’t it ironic that after eight years of Obama overreach, they all of a sudden find reverence for the document he’s spent his entire tenure shredding?

  • Rusty Shackleford says:

    Well, he didn’t do it! Probably too busy tending to the onerous duties he’s been attending to the last eight years !!
    MOGA and MAGA!!!

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