Can Obama make a recess appointment for Supreme Court?

[Winterblues]

There is no way in Hell Republicans will vote for any nominee from the Obama Administration. Not now. They have entirely too much invested in stopping Obama at all costs. How will he be able to fill the vacancy?

[Tippy]

1. Was wondering about that possibility myself.......n/t

[frazzled]

2. Um, that would be extremely unwise

Even if it could be done, which I doubt.

Can you imagine the scenario that would ensue? Charges of imperial presidency taking over SCOTUS? Armageddon?

It's one thing for the president to recess appoint agency heads or lower court judges because work needs to be done. But this would be too big to get away with.

[tammywammy]

6. Exactly

A very unwise move to even think about that.

[Pab Sungenis]

7. Well, maybe.

It would depend on the nominee, public perception of the nominee, and how blistering the nomination fight becomes.

If it becomes obvious that the Republicans are only filibustering to be dickheads, then a summer recess appointment might be wise just to make sure that the Court is at full capacity before the new term starts in October. And it would make for an interesting debate in the November elections.

[HopeHoops]

10. Oh, hell. FOX has been using the "imperial presidency" shit for 15 months now.

Besides, Obama could appoint Ralph Reed or Pat Buchanan and the GOP fuckers would call them "activist liberals".

[sui generis]

3. have no fear, he'll appoint a conservative

That's not necessarily a republican by any means.

I imagine his pick will be someone with a record of upholding corporate rights over individual rights, and a constitutional literalist.

His other choice would be to appoint a moderate republican, but he almost certainly won't even consider a progressive or socially enlightened candidate in favor of a corporatist.

[Beetwasher]

5. You Mean Like Sotomayor?

Yeah, she's got a record like that. Real coroprate stooge, that one. :eyes:

[sharp_stick]

11. I guess

just like that damned Sotomayor corporatist huh?

[WeDidIt]

14. That's a load of bullshit

He'll appoint either Elena Kagan or Dianne Wood.

[Name removed]

16. Deleted message

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[DemocratSinceBirth]

25. He's Going To Appoint A Left Of Center Judge

Like Ginsburg, Breyer, and Sotamayor. He or she will be not be as liberal as some folks here might like though.

[sui generis]

28. well I hope so

but none of us has a crystal ball in reality, and my rationale is that I haven't always found Obama's choices in related matters to be as enlightened as I'd like it.

I'm merely pointing out where I'm placing my bets, whether I like it or not. I certainly don't want a conservative corporatist or somebody who is a "centrist" masquerading as a liberal. I am a darkest sapphire progressive and by god I want a shameless populist progressive on the bench for a change.

[Pab Sungenis]

4. Yes.

The second Chief Justice was a recess appointment, but he was later rejected by the Senate. Better to just push on.

ETA: John Rutledge: http://en.wikipedia.org/wiki/John_Rutledge

[MousePlayingDaffodil]

8. Sure . . .

. . . insofar as some 15 Supreme Court Justices have been put on the Court through a recess appointment. If I'm not mistaken, Earl Warran, William Brennan, and Potter Stewart were all recess appointments. Stewart was, I believe, the most recent.

[backscatter712]

9. I think Stevens' choice of retiring this summer reveals the strategy.

Obama's gonna pick the fight over the SCOTUS nominee right in the middle of election season. He'll bring forth his nominee, laud his credentials, and dare the GOP to filibuster on the eve of elections. They very well might, but if when the GOP overplays their hand, they'll get slapped at the polls. If the GOP just caves, they'll also get slapped at the polls. Basically, he's forcing the GOP to walk a tightrope.

Grab your popcorn... :popcorn:

[PRETZEL]

13. Agree,

I don't think he'll appoint someone as liberal as Stevens, but someone fairly close to left center.

[backscatter712]

17. What's even more fun...

When I mean "make the GOP walk a tightrope", what's gonna happen is that the GOP will throw a hissy-fit, but Obama's gonna pick a center-left candidate who will be portrayed as the adult in the room. Eventually, the tightrope will dictate that the GOP let a couple senators vote for the nominee, because the senators will be panicked at being portrayed as screaming toddlers so close to November, so the nominee will pass 65/35, but as far as the teabaggers are concerned, it'll be as if the vote was 100/0, and they'll completely wig out.

Like I said, grab the popcorn, this'll be fun to watch...

[Ozymanithrax]

18. Actually, Stevens doesn't think he is a liberal as Stevens...

He was supported by a conservative and considers himself a conservative, appointed by Gerald Ford.

[WeDidIt]

12. Collins, Snowe, Lindsay Graham, and John McCain would not join a filibuster

They were all members of the Gang of 14. McCain might jump that ship, but we only need one GOP member of the Gang of 14 to get a nomination through.

[PRETZEL]

15. McCain might

only because he's quickly losing credibility in AZ and JD Hayworth is gaining in the polls. So if McCain's losing the Republican base, he may do it as a campaign ploy.

[Ozymanithrax]

19. McCain is in a tough primary fight and will filibuster to prove he is conservative enough...

and not a Maverick.

[laughingliberal]

22. +1 nt

[WilliamPitt]

20. That would be exceedingly stupid.

[WillyT]

21. I Do Not Believe That You Can...

Supreme Court Appointments are for life, Recess Appointments only last until that session of Congress concludes (two years max).

I fairly sure it would not be constitutional.

:shrug:

[onenote]

24. it has been done. however, the nominee would still have to be confirmed

or the recess appointment would expires. Several justices (including Brennan) were initially named to the court as recess appointees; one, Justice Rutledge, was not ultimately confirmed for a lifetime term.

[WillyT]

26. So You Can Start As A Recess, And THEN Be Confirmed ???

I did not know that.

Sort of risky though, isn't it?

:hi:

[onenote]

27. i don't know the circumstances surrounding the various recess appointments

For example, I don't know whether/how often recess appointments were used to fill a vacancy occurring during the court term due to the unexpected death or retirement of a justice.

[onenote]

23. he could. and its been done before. but I'm not sure it would be politically wise

I believe its happened 7 or eight times in the court's history, but not since Eisenhower. Its much more controversial these days and I suspect that making such an appointment during the August recess, before Congress has a chance to actually spend time considring the nomination, or making it in October when Congress recesses right before the November election, will not be a good move politically, although I wouldn't absolutely rule it out.