UPDATED: Obama Will Likely Use The Equivalent Of An Executive Order To Fill SCOTUS Vacancy

Barack Obama,Federalism,Justice,Law,The Courts

            
Print Friendly, PDF & Emailprint

It’s called a recess appointment, and we know enough about President Barack Obama to know he’ll use it to fill the Supreme Court vacancy (left by Antonin Scalia’s death), in the teeth of Republican opposition.

Over to professor Jonathan Turley:

… Faced with a refusal of the Republican senators to move forward with a nominee for the court in the last year of the Obama Administration, President Obama could use the nuclear option: a recess appointment to the Supreme Court.

Under Article II of the U.S. Constitution a president is allowed to temporarily fill vacancies that “may happen during the Recess of the Senate.” I have long been a critic of recess appointments to the judiciary. While far less common than appointments to the Executive Branch, such appointments have occurred historically (including 12 to the Supreme Court).Yet judicial recess appointments undermine the integrity of the courts by using the equivalent of a judicial temp for a position that was meant to be held by a jurist with lifetime tenure.

The framers wanted a president and the Senate to come to an accord on such appointments, including the need to compromise to achieve such goals. Obama, however, made it clear years ago that he was willing to go it alone when Congress failed to give him legislation or confirmations that he demanded. His unilateral actions have already produced a constitutional crisis over the fundamental guarantees of the separation of powers. This includes a unanimous 2014 decision of the Supreme Court that Obama violated the recess appointments clause in his circumvention of the Senate. …

More Turley.

Meanwhile, Republicans prepare to cave:

BACKGROUND:

OBAMA’S BACKGROUND:

Jeff Deist:

More debunking of the “Obama is brilliant” narrative. He was never a constitutional scholar, a con law professor, or even a top law student.
And his vaunted aloofness is not due to being intelligent and bored- it’s due to being out of his league.
He is, and was, an empty suit. A complete cipher in 2008, thanks to a compliant media in the tank for him.
Note also Obama’s pseudo-intellectual interest in phony theories like Alinsky’s “Power Analysis.”

“Chicago Law Prof on Obama: The Professors Hated Him because he was Lazy, Unqualified & Never Attended any of the Faculty Meetings.”

UPDATE (2/24):

Comments Off on UPDATED: Obama Will Likely Use The Equivalent Of An Executive Order To Fill SCOTUS Vacancy

Written by on