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View Full Version : Obama may have another surprise for you



crimethink
2nd January 2017, 07:48 AM
http://www.washingtontimes.com/news/2017/jan/1/obama-could-still-force-merrick-garland-onto-supre/


President Obama will have one last chance to force Judge Merrick Garland onto the U.S. Supreme Court on Tuesday — but it’s a legal gamble and one that has so many pitfalls that even those who say he could get away with it believe it isn’t worth the fight.

Mr. Obama’s moment will come just before noon, in the five minutes that the Senate gavels the 114th Congress out of session and the time the 115th Congress begins.

In those few moments the Senate will go into what’s known as an “intersession recess,” creating one golden moment when the president could test his recess-appointment powers by sending Judge Garland to the high court.

Neuro
2nd January 2017, 07:59 AM
As I understand it, he can make a lot of recess appointments in those minutes. If he appoints Merrick Garland, it most likely is to take away the attention from some other appointments...

monty
2nd January 2017, 08:30 AM
From the FREE RANGE REPORT. http://freerangereport.com/index.php/2017/01/01/happy-new-year-obama-land-grabs-can-be-reversed-by-congress-trump-administration/


In other words, none of Mr. Obama’s monument designations or drilling bans is permanent. The grant of power to a president implies the power to rescind it. In Myers v. United States (1926), the Supreme Court ruled that the president’s power to appoint officials, with the advice and consent of the Senate, includes the power to unilaterally remove them. In revoking an official’s commission that was issued after Senate confirmation, the president is negating a specific and official Senate act. Similarly, presidents have the constitutional authority to terminate a treaty, even though they need Senate advice and consent to make it