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Trump Trainwreck - Ongoing diary of betrayal and evil
(12-29-2016, 07:31 PM)Eric the Green Wrote: All I want for Christmas is a Merrick Garland recess appointment.

By Frank Vyan Walton  
Sunday Dec 25, 2016 · 2:28 PM PST

[Image: gettyimages-515910394-garland_wide-d26bd...1482704061]
Merrick Garland on his nominating day - over 300 days ago.


On his way out the Oval Office door there is one thing President Obama can do to give the do-less-than-nothing Congress a big stiff middle finger.  Recess appoint Merrick Garland to the U.S. Supreme Court so sayeth the New Republic .

Come January, President Barack Obama will be consigned to the sidelines as Donald Trump occupies the Oval Office and begins the work of dismantling his legacy. But there is one action that Obama could take on January 3, 2017 that could hold off some of the worst potential abuses of a Trump administration for up to a year. Obama can appoint his nominee Merrick Garland to the Supreme Court on that date, in between the two sessions of Congress.

Here’s how it would work. Article II, Section 2 of the Constitution states, “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate.” This has been used for Supreme Court vacancies before—William Brennan began his Court tenure with a recess appointment in 1956. Any appointments made in this fashion expire at the end of the next Senate session. So a Garland appointment on January 3 would last until December 2017, the end of the first session of the 115th Congress.
Wouldn’t that be awesome?

Obama would have to do it on the January 3rd, because the last time he did a recess appointment it was during a period that the Senate was holding pro-forma sessions, where they would be gaveled in, and then immediately out again by just one Senator every three days, specifically to block the President from making recess appointments.  Which is pretty dickish.  He made a recess appointment to the National Labor Relations Board anyway and the Senate sued, sending it all the way to the Supreme Court in National Labor Relations Board v. Noel Canning where they decided 9-0 that the appointment was unconstitutional.  Therefore he would have to do it during the inter-session recess when the Senate completely finished their current year of congress and the next. And no, that’ isn’t new Theodore Roosevelt used the same break to make hundreds of appointments.

In fact, it’s so not new there are some in congress who are already anticipating exactly this move.

This is a highly aggressive and probably doomed strategy, without question. But we know that Congress understands the potential for inter-session recess appointments because Representative Chris Collins (a member of the Trump transition team) filed a constitutional amendment this year to end them. Collins specifically cited the Garland issue as his justification: “It’s been 111 days since President Obama nominated Merrick Garland for the bench and, while the Senate has continued to hold their ground on proceeding, we need to ensure the president cannot fill this slot—in the form of a recess appointment.”

So it’s not unprecedented, or even unthinkable, it’s perfectly within the powers of the President and it would — for a year at least — put down a major back-stop against the agenda of incoming President-Elect Pepe.  Also it would really piss off the GOP Congress, and if anyone deserves to be pissed off, and pissed on, it’s the GOP Congress.

And what’s even more delicious is that if they sue again, and the case again goes to the SCOTUS, it will be a court that will include Merrick Garland on the bench.  So he's going to vote to remove himself?  Not likely.  And the media would lose it’s collective mind because they’d actually have something to talk about besides Trump’s latest, brainless nuclear tipped Tweet!

The Republicans have been stealing the Democrats lunch money with gerrymandering, voter suppressing and blatant obstruction with them hardly complaining about it for far too long.  During his time 79 of Obama’s nominees have been blocked or filibustered, contrasted with 68 for all other previous presidents combined.  

Enough is enough.  

It’s time the Democrats stop bringing a butter-knife to the gun fight. It’s time to fight back, to finally get up when the bullies push you down and punch him right in the nose.  Recess appointing Garland to the Supreme Court would be a great big fat well deserved and long needed punch in the nose.

Hit back, Mr. President — what are they gonna do, Impeach you? Make up stories about you? Lie about you? Insult you?

I mean, more than they already have.

Do it!

http://www.dailykos.com/stories/2016/12/...ppointment
Fuck it. I think you guys (Obama included) should do it. I mean, what's the worst thing that could happen to all of you guys politically at this point right. You can't sink any further politically than you've already sunk right. Your precious blue image can't be tainted anymore than it's already been tainted right. WTF, experience what life feels like as your living on the edge and go for it. BTW, the feeling is quite exhilarating if your able to survive all the stress.
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Messages In This Thread
RE: Trump Trainwreck - Ongoing diary of betrayal and evil - by Classic-Xer - 12-29-2016, 09:09 PM
Stupid is as stupid does... - by Ragnarök_62 - 04-05-2017, 07:54 PM
RE: Stupid is as stupid does... - by pbrower2a - 04-06-2017, 01:56 AM
RE: Stupid is as stupid does... - by Galen - 04-08-2017, 08:47 PM

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