Obama can appoint Merrick Garland to the Supreme Court if the Senate does nothing

[livingston]

April 8

Obama can appoint Merrick Garland to the Supreme Court if the Senate does nothing
It is altogether proper to view a decision by the Senate not to act as a waiver of its right to provide advice and consent. A waiver is an intentional relinquishment or abandonment of a known right or privilege. As the Supreme Court has said, “ ‘No procedural principle is more familiar to this Court than that a constitutional right,’ or a right of any other sort, ‘may be forfeited in criminal as well as civil cases by the failure to make timely assertion of the right before a tribunal having jurisdiction to determine it.’ ”


It is in full accord with traditional notions of waiver to say that the Senate, having been given a reasonable opportunity to provide advice and consent to the president with respect to the nomination of Garland, and having failed to do so, can fairly be deemed to have waived its right.

Obama can appoint Merrick Garland to the Supreme Court if the Senate does nothing
Just a thought folks . He would secure his place in the liberal history books ...

One wonders if Obama will do a Hail Mary in the last few weeks of his term .....A move that would last a few decades if upheld . ...Perhaps your grand children would be forced to Live under Obamas thumb long after he has left the office .

 

[livingston]

Posted this as I was wondering how Obama can still bone us after the massive defeat of liberalism ... No Idea if he could pull this off . One thinks he would have done this already. But for the fact you would have one PO nation and it would have brought out even more angry voters to defeat Hillary... They were looking for Hillary to win and it would have gone the liberal way without the discord .

 

[Celt]

Not gonna happen.

 

[dsdmmat]

Even recess appointments still have to be confirmed, once congress is back in session they would just not confirm him and he would have the shortest tenure of a Supreme Court justice in history. That is why O will not do anything of the sort. His legacy is already up for destruction, he wouldn't risk his reputation as well.

 

[pjzwtl]

This^^^ Judges need to be confirmed period.

 

[Saltwater60]

Yep not going to happen. Who do you think Trump will pick?

 

[pjzwtl]

Yep not going to happen. Who do you think Trump will pick?

I'm liking the rumors of Cruz

 

[fartgamer]

Yep not going to happen. Who do you think Trump will pick?

Don't know, but Sen Mike Lee or Rep Trey Gowdy(or AG) would be fine with me.

 

[ProgSpear]

The final list of 21

SHOW YOUR SUPPORT FOR DONALD TRUMP

- SEPTEMBER 23, 2016 -

DONALD J. TRUMP FINALIZES LIST OF POTENTIAL SUPREME COURT JUSTICE PICKS

NEW YORK, NY - Today Donald J. Trump released a second list of individuals he would consider as potential replacements for Justice Scalia at the United States Supreme Court. This group builds upon the highly praised list of choices he named in May 2016. These individuals were selected, first and foremost, based on constitutional principles, with input from respected conservative leaders.

Mr. Trump stated, “We have a very clear choice in this election. The freedoms we cherish and the constitutional values and principles our country was founded on are in jeopardy. The responsibility is greater than ever to protect and uphold these freedoms and I will appoint justices, who like Justice Scalia, will protect our liberty with the highest regard for the Constitution. This list is definitive and I will choose only from it in picking future Justices of the United States Supreme Court. I would like to thank the Federalist Society, The Heritage Foundation and the many other individuals who helped in composing this list of twenty-one highly respected people who are the kind of scholars that we need to preserve the very core of our country, and make it greater than ever before.”

Keith Blackwell is a justice of the Supreme Court of Georgia. He was appointed to the position in 2012. He had previously served on the Court of Appeals of Georgia. Before serving on the bench, Justice Blackwell was a Deputy Special Attorney General of the State of Georgia, an Assistant District Attorney in Cobb County, and a commercial litigator in private practice. Justice Blackwell is a graduate of the University of Georgia School of Law.

Charles Canady is a justice of the Supreme Court of Florida. He has served in that role since 2008, and he served as the court's chief justice from 2010 to 2012. Prior to his appointment, Justice Canady served as a judge of the Florida Second District Court of Appeal and as a member of the United States House of Representatives for four terms. Justice Canady is a graduate of Yale Law School.

Neil Gorsuch is a judge of the United States Court of Appeals for the Tenth Circuit. He was appointed to the position in 2006. Judge Gorsuch previously served in the Justice Department as a Deputy Assistant Attorney General. Judge Gorsuch was a Marshall Scholar and received his law degree from Harvard. He clerked for Justices Byron White and Anthony Kennedy.

Mike Lee is the Junior U.S. Senator from Utah and currently serves on the Senate Judiciary Committee. He has previously served as an Assistant U.S. Attorney in Utah and as a Supreme Court Clerk for Justice Alito.

Edward Mansfield is a justice of the Iowa Supreme Court. He was appointed to the court in 2011 and retained by voters in 2012. Justice Mansfield previously served as a judge of the Iowa Court of Appeals. He also teaches law at Drake University as an adjunct professor. Justice Mansfield is a graduate of Yale Law School.

Federico Moreno is a judge of the United States District Court for the Southern District of Florida and a member of the Judicial Conference of the United States. He previously served as a state and county court judge in Florida. Judge Moreno is a graduate of the University of Miami School of Law.

Margaret A. Ryan has been a judge of the U.S. Court of Appeals for the Armed Forces since 2006. Judge Ryan served in the Marine Corps through deployments in the Philippines and the Gulf War. She then attended Notre Dame Law School through a military scholarship and served as a JAG officer for four years. Judge Ryan clerked for Judge J. Michael Luttig of the Fourth Circuit and Justice Clarence Thomas.

Amul Thapar is a judge of the U.S. District Court for the Eastern District of Kentucky, serving since his appointment in 2007, when he became the first South Asian Article III judge. He has taught law students at the University of Cincinnati and Georgetown. Judge Thapar has served as an Assistant U.S. Attorney in Washington, D.C. and the Southern District of Ohio. Immediately prior to his judicial appointment, Judge Thapar was the U.S. Attorney for the Eastern District of Kentucky. Judge Thapar received his law degree from the University of California, Berkeley.

Timothy Tymkovich is the chief judge of the United States Court of Appeals for the Tenth Circuit. Judge Tymkovich was appointed to the bench in 2003. He previously served as Colorado Solicitor General. Judge Tymkovich is a graduate of the University of Colorado College of Law.

Robert Young is the chief justice of the Supreme Court of Michigan. He was appointed to the court in 1999, and became part of a majority of justices who embraced originalism and led what one scholar described as a "textualism revolution." Justice Young previously served as a judge on the Michigan Court of Appeals. Chief Justice Young is a graduate of Harvard Law School.


The full list of the twenty-one individuals Mr. Trump will consider is below:

1. Keith Blackwell

2. Charles Canady

3. Steven Colloton

4. Allison Eid

5. Neil Gorsuch

6. Raymond Gruender

7. Thomas Hardiman

8. Raymond Kethledge

9. Joan Larsen

10. Mike Lee

11. Thomas Lee

12. Edward Mansfield

13. Federico Moreno

14. William Pryor

15. Margaret A. Ryan

16. Amul Thapar

17. Timothy Tymkovich

18. David Stras

19. Diane Sykes

20. Don Willett

21. Robert Young

 

[Dr. Evil]

Obama = Lame

 

[Phauxtoe]

Isn't somebody still meeting with him with such a big election things move slowly

 

[fartgamer]

Pick a young judge Donald, young as can, be but not a fucking asshole millenial.

 

[Cooolone]

It's a fantasy/dream of those "everyone wins a trophy" generation of cry babies trying to gasp their last breaths of the Barack Hussein Obama administration and his so called legacy (not). They have also published a wish/fantasy that the Elctoral will overturn the Election and appoint Clinton President Elect in December... Wahaaaaaa whaaaaaaaa whaaaaaaaaaaaaaa...

Can't happen, won't happen and the moron would not even try. A lifetime judicial appointment to the Country's Highest Court will NEVER be done unilaterally, EVER! Want to see some demonstrations? How about the Executive perversion of the Judicial? This POS POTUS Harvard Constitutional Scholar who taught Consitutional Law has done more to pervert that very document than any other POTUS on record. His unprecedented commutation of convicted felon's alone should be justification for impeachment for abuse of Executive privilege. Simply amazing and January just can't come fast enough, there's no telling how much damage he'll want to do before he exits. One thing is for sure, now that Hitlery has lost, she can't put his name on the recommended list for SCOTUS as she said she would... Thanking God for the little things!

 

[Phauxtoe]

I know there is such things as recess appointments but I don't know if something as important as the supreme court justice can be done that way.

his legacy among liberals would be infinitely stellar if he pulled a dick move like that, however I don't know if that can stick.

 

[Koz]

Obama = Lame View attachment 3383

You had me "lame" when talking about Obama

 

[prambo]

"Recess appointments" are possible, but the path is convoluted because the appointment MUST be confirmed by the Senate.

The following article helped me (not a lawyer and didn't stay at Holiday Inn Express, ever) to understand the process in light of a 2014 SCROTUM ruling:

Is a recess appointment to the Court an option? (UPDATED)

 

[pjzwtl]

And BTW all the Senate needs to do to prevent a recess apt is not officially go into recess. They can all leave and go home for the holidays but if they do not vote into recess it isn't a recess.

 

[Gunright]

OP, google Peter Keisler court of appeals. He is just one of many presidential judicial nominations that were never acted on. The Washington Post lawyer is just year another liberal who doesn't understand the constitution.