02-15-16, 06:58 AM
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#16
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Navy Seal 
Join Date: Jul 2004
Posts: 5,874
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Quote:
In that circumstance, a recess appointment to the Court would not be within the terms of the Constitution, as spelled out in Article II.
The same situation would likely apply when this year’s Senate session comes to an end, and the senators take a recess before the next Congress assembles.
The bottom line is that, if President Obama is to successfully name a new Supreme Court Justice, he will have to run the gauntlet of the Republican-controlled Senate, and prevail there. The only real chance of that: if he picks a nominee so universally admired that it would be too embarrassing for the Senate not to respond.
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http://www.scotusblog.com/2016/02/is...urt-an-option/
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