ALERT: Obama Can Use This Loophole to Appoint Scalia’s Replacement WITHOUT the Senate
The political world was rocked this weekend by the unexpected death of Supreme Court Justice Antonin Scalia, and though the loss of the brilliant legal scholar will be mourned, it was impossible to ignore the significant political ramifications of his death.
Conservatives and Republicans, including Senate Majority Leader Mitch McConnell, R-Ky., immediately made it clear that they would oppose any potential liberal replacement nominated by President Barack Obama, denying him the chance to stack the court with his ideological brethren.
But there remains a fear that Obama will simply bypass Congress, as he has shown a tendency to do, and appoint a new justice while the Senate is in a recess, according to Fox News.
However, if Obama intends to exploit the recess appointment loophole, a power laid out for the executive in Article II, Section 2 of the Constitution, he will have to act quickly.
While some may debate whether the Senate is truly in recess right now, it is a fact that both houses of Congress have officially adjourned until after the Presidents Day holiday, not to meet again and take up business until Monday, Feb. 22.
Though it seems unlikely, Obama could appoint a person to the vacant Supreme Court justice seat within the next week, who would then serve until the next Senate term, when the appointment would be considered for confirmation or rejection.
Such a move should not be considered implausible, as Obama has shown in the past that he will exploit the recess appointment clause to stack things in his favor, which he did with liberal appointments to the National Labor Relations Board, a move ultimately rejected by the Supreme Court.
Hopefully, the Republican-led Senate keeps itself in session for the remainder of Obama’s term in office, and stands strong in their resistance to his efforts at placing another liberal justice on the Supreme Court to fill the now-vacant seat of staunch conservative Justice Scalia.
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