Our outgoing president is doing everything he can to make it more difficult for his successor. The latest notion, however, would not be as “clever” as he thinks.
[Source: Fox News]
The new Congress begins at noon today. There will be a five minute window between when the 114th Congress adjourns and when the 115th Congress convenes. This little window of opportunity could give Obama the unprecedented opportunity to make an “intersession recess appointment,” bypass the traditional confirmation process and install Merrick Garland to the Supreme Court.
This “window” was used in the past by none other than Teddy Roosevelt who seized the short period between the two Congresses to make 168 appointments to various executive branch and judicial posts.
In 2014, the High Court ruled that the executive branch of government can’t tell the legislative branch of government what it believes constitutes a “Congressional recess.” However, it’s clear that Congress is out of session between the 114th and 115th Congresses.
This might seem like a typical move for our imperial president, but the downside is considerable:
- Constitutes a trade of a short-term on the Supreme Court, for a lifetime tenured seat on the DC Circuit
- Assumes that the Supreme Court would allow the appointment to stand.
Garland is currently serving on arguably the most important court, save for the Supreme Court. Even if Obama succeeded in this effort Garland would soon would have to face Senate confirmation. Then it would be “good-bye” and the humiliation that being tossed off the Supreme Court would bring to the Democrat Party at election time in 2018.