Garland is an official no go for the high court seat
buzzz worthy. . .
Republicans have kept their promise to prevent the Supreme Court appointment of Obama's top pick, U.S. Circuit Judge Merrick Garland. While this is not a surprise, the manner in which the Senate dismissed the Garland nominations is almost unheard of. There was complete inaction on Garland's nomination to the post. No other Supreme Court nominee in 150 years had been completely ignored. According to New York Magazine, Garland's nomination was never confirmed, rejected, nor withdrawn. It simply wet unacknowledged.
The position left vacant by late Justice Antonin Scalia will be filled by President-elect Donald Trump. The appointment period expired Tuesday at noon. Obama tried vigorously to wage his authority against Republican obstructionism , but failed to get the seat confirmed for Garland. Republicans claimed they did not want to confirm a justice during an election year. Cooperation was not expected. The deadline was the final nail in the coffin of anti-Obama rejection from the GOP.
The tussle over power will continue in to the next administration as Democrats plan to delay Donald Trump's cabinet confirmations.
While it is unlikely to happen, various reports indicate Obama could take advantage of a loophole in the Constitution that would allow him to make the appointment during Congressional recess per the following rule:
Article II, Section 2 of theConstitution states, “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate.” William Brennan began his Court tenure with a recess appointment in 1956.
Obama is not expected to use this tactic.
Republicans have kept their promise to prevent the Supreme Court appointment of Obama's top pick, U.S. Circuit Judge Merrick Garland. While this is not a surprise, the manner in which the Senate dismissed the Garland nominations is almost unheard of. There was complete inaction on Garland's nomination to the post. No other Supreme Court nominee in 150 years had been completely ignored. According to New York Magazine, Garland's nomination was never confirmed, rejected, nor withdrawn. It simply wet unacknowledged.The position left vacant by late Justice Antonin Scalia will be filled by President-elect Donald Trump. The appointment period expired Tuesday at noon. Obama tried vigorously to wage his authority against Republican obstructionism , but failed to get the seat confirmed for Garland. Republicans claimed they did not want to confirm a justice during an election year. Cooperation was not expected. The deadline was the final nail in the coffin of anti-Obama rejection from the GOP.
The tussle over power will continue in to the next administration as Democrats plan to delay Donald Trump's cabinet confirmations.
While it is unlikely to happen, various reports indicate Obama could take advantage of a loophole in the Constitution that would allow him to make the appointment during Congressional recess per the following rule:
Article II, Section 2 of theConstitution states, “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate.” William Brennan began his Court tenure with a recess appointment in 1956.
Obama is not expected to use this tactic.
