Filling a vacancy in the SCotUS

August · 02-14-16, 10:07 AM

Quote:

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

To my non-lawyerly thinking the death of Judge Scalila didn't happen during a recess of the senate.

Platapus · 02-14-16, 10:14 AM

Quote:

Originally Posted by August

To my non-lawyerly thinking the death of Judge Scalila didn't happen during a recess of the senate.

This is why we need a multi person supreme court in order to figure out what these founding dudes meant with their 18th century writin'

There are several instances in the Constitution where you have to scratch your head trying to figure what 18th century words and wording means to a 21st century reader.

Jimbuna · 02-14-16, 10:19 AM

Not fully up to speed on the subject matter but the UK press are speculating a new appointment may not be made until a new POTUS is elected or Obama may go for a more liberal appointment in the interim.

Oberon · 02-14-16, 11:16 AM

I've heard some idle rumour that Obama might offer himself up for nomination if a Democrat congress and president gets in.

The chaos that would cause.

Torplexed · 02-14-16, 11:46 AM

Quote:

Originally Posted by Oberon

I've heard some idle rumour that Obama might offer himself up for nomination if a Democrat congress and president gets in.

The chaos that would cause.

As far as I can recall, the only ex-President ever appointed to the Supreme Court was William H. Taft as Chief Justice in 1921. But then he had been a federal judge for many years prior to being president. Yeah, since Obama has never even been a judge I don't think it would go over well to put it mildly.

Platapus · 02-14-16, 11:48 AM

Quote:

Originally Posted by Oberon

I've heard some idle rumour that Obama might offer himself up for nomination if a Democrat congress and president gets in.

The chaos that would cause.

It would be interesting to see the citation for that. It sounds like something made up on the Internets Tubes.

Legally, there is nothing preventing a president from nominating themselves for the position but there are prohibitions, under the concept of "Incompatible offices" of holding both positions at the same time. Although it is interesting that court cases only address the Legislative Branch, not the Executive Branch. Since this has not come up before, the SCotUS has not ruled on it.

Tchocky · 02-14-16, 11:49 AM

Great write-up as always, Platapus

Looking forward to seeing how this pans out. Don't think McConnell has a wonderful argument for delay tbh.

Oberon · 02-14-16, 11:53 AM

Oh it is something from the Internet Tubes, an idle rumour as it were, but it is definitely an option if he wants to leave the decision for the next POTUS and Senate to make. I doubt he'd get the nomination, but he could try it.

So, anyway, who is the favourite for the job?

Tchocky · 02-14-16, 12:01 PM

Sri Srinivasan from the DC Appeals court is one name I've heard.

Commander Wallace · 02-14-16, 12:13 PM

This is a great dissertation Platapus. It obviously took you a while to write everything.

Thanks for taking the time out to put together this informative and well written article.
I wasn't aware that Justice Scalia had passed away yesterday. Condolences to his family and friends and colleagues .

Mitch McConnell has gone on record as saying that any new appointments to the Supreme Court should done by the new, incoming president. The Senate is afraid of any new appointments by President Obama that would support his liberal views and agendas.

Mitch has been the Majority leader of the U.S Senate since Jan. of 2015.

02-14-16, 10:19 AM	#3
Jimbuna Chief of the Boat Join Date: Feb 2006 Location: 250 metres below the surface Posts: 190,818 Downloads: 63 Uploads: 13	Not fully up to speed on the subject matter but the UK press are speculating a new appointment may not be made until a new POTUS is elected or Obama may go for a more liberal appointment in the interim. __________________ Wise men speak because they have something to say; Fools because they have to say something. Oh my God, not again!!

02-14-16, 11:49 AM	#7
Tchocky Navy Seal Join Date: Jul 2004 Posts: 5,874 Downloads: 6 Uploads: 0	Great write-up as always, Platapus Looking forward to seeing how this pans out. Don't think McConnell has a wonderful argument for delay tbh. __________________ [SIGPIC][/SIGPIC]

02-14-16, 12:01 PM	#9
Tchocky Navy Seal Join Date: Jul 2004 Posts: 5,874 Downloads: 6 Uploads: 0	Sri Srinivasan from the DC Appeals court is one name I've heard. __________________ [SIGPIC][/SIGPIC]

02-14-16, 11:16 AM	#4
Oberon Lucky Jack Join Date: Jul 2002 Posts: 25,976 Downloads: 61 Uploads: 20	I've heard some idle rumour that Obama might offer himself up for nomination if a Democrat congress and president gets in. The chaos that would cause.

02-14-16, 11:53 AM	#8
Oberon Lucky Jack Join Date: Jul 2002 Posts: 25,976 Downloads: 61 Uploads: 20	Oh it is something from the Internet Tubes, an idle rumour as it were, but it is definitely an option if he wants to leave the decision for the next POTUS and Senate to make. I doubt he'd get the nomination, but he could try it. So, anyway, who is the favourite for the job?

02-14-16, 12:13 PM	#10
Commander Wallace Navy Seal Join Date: Oct 2012 Location: Under the sea in an Octupus garden in the shade Posts: 5,323 Downloads: 366 Uploads: 0	This is a great dissertation Platapus. It obviously took you a while to write everything. Thanks for taking the time out to put together this informative and well written article. I wasn't aware that Justice Scalia had passed away yesterday. Condolences to his family and friends and colleagues . Mitch McConnell has gone on record as saying that any new appointments to the Supreme Court should done by the new, incoming president. The Senate is afraid of any new appointments by President Obama that would support his liberal views and agendas. Mitch has been the Majority leader of the U.S Senate since Jan. of 2015.