Sunday, February 14, 2016

Scalias Replacement

According to the Rules, the president may appoint a judge to the supreme court as an interim replacement if the Senate is in recess at the time and the appointment will be good, I believe until the next Senate convenes.

If I were the president, facing a hostile Senate and with an agenda to push, I'd have a nominee on speed dial at all times in case just the situation as just happened arises. Right now the Senate is in recess until Feb 22 so a recess appointment is legit. The ideal candidate would be a disabled female of color or a member of a privileged subgroup who can be counted on to back the presidents agenda. There would be no other qualifications absolutely required although a passing familiarity with the legal system would be a plus.

Complaints about packing the court with malleable crony's would be duly ignored by the MSM. Complainants would be denounced as racist, sexist, or whatever kind of -phobic might apply.

The proper action for Sen McConnell would be to immediately return to the Senate, Gavel it into session, then gavel it into one of those temporary breaks that allow every one to go home without actually declaring a recess.

8 comments:

Anonymous said...

"If I were the president, facing a hostile Senate and with an agenda to push"

should read

"If I were the president, facing a hostile Senate with an agenda to push"

Billll said...

Everybody has an agenda to push. I try to support pols that push mine as much as possible or at least the ones I think will do me the least damage.

Anonymous said...

"Everybody has an agenda to push."

Funny how you felt the need to point out that the president has an agenda, but somehow omit that the "hostile Senate" does, too.

Ryan Bowers said...

From what I've been reading, if he were to make a recess appointment now the judge would be in until Jan. of 2018.

Billll said...

P.S. I am a member of the Republican party*, retiree, gun owner, parent, and a precinct captain so Yes, I have an agenda. I visit the capitol from time to time to bother my representatives there and in Washington with e-mails. I make no secret of this nor do I pretend to be a completely unbiased "journalist". Indeed someone calling himself a "journalist" is most likely an operative of the DNC, operating with a byline.

* The Republican party is to my mind the best of several bad choices. If something else were to step up and offer a better alternative, I'd jump ship in a minute. And don't even mention the Libertarians, the party of good ideas and reducto ad absurdum.

David Aitken said...

A recess appointment would be good until January of 2017, the end of Obama's term. I read somewhere, don't know where, that Obama has promised not to make an appointment before 2/22/16, next Monday, when the Senate reconvenes.

Ryan Bowers said...

Not if it's an intrasession appointment.

http://www.heritage.org/constitution/#!/articles/2/essays/93/recess-appointments-clause

Billll said...

The Senate is normally in recess between sessions so an intersession appointment would be a recess appointment. The exception to this is if the Senate goes home for a while but declares themselves to be in "pro forma" session during which time the Senate is legally in session but nothing is actually done. It's a gimmick to keep the president on a short leash while the boys are out of town. Both sides do this.