Since everyone is petrified of the possible conservative justices Donald Trump could appoint to the Supreme Court, liberal legal minds are looking for ways to get President Obama’s pick Merrick Garland, on the Court.
It IS possible for Obama to make a last minute move to appoint Merrick Garland to the U.S. Supreme Court.
However, it would likely pose a Constitutional challenge. And, so far, President Obama has given us no sign he will take this kind of action. But, still, the idea is gaining quite a bit of momentum.
Here is what could happen:
Tomorrow (January 3rd), when the Senate gavels out of the 114th Congress, there is a five minute or so window before the 115th Congress begins. It is during those few minutes when President Obama could make the highly unprecedented (and unlikely) move and make an “intersession recess” appointment to put Merrick Garland on the highest Court.
According to LawNewz, a justice HAS BEEN appointed during a recess:
According to Scotusblog.com, there have been 12 recess appointments to the U.S. Supreme Court. But, there have been none in recent times with the last one occurring more than 50 years ago. And, interestingly, all but one have later been confirmed by the U.S. Senate. In 1795, by a vote of 10 to 14, the Senate rejected President George Washington’s nomination of John Rutledge to be Chief Justice of the United States after rumors swirled about his mental state. However, before he was booted, he decided two SCOTUS cases during his recess appointment.
So, do you think Obama should take a chance and do it??
Let us know in the comments below!!