ALERT! Obama could install Scalia successor through recess appointment
Senate Majority Leader Mitch McConnell has vowed not to confirm a successor to the late Supreme Court Justice Antonin Scalia, but some Republicans worry that President Obama could install a replacement anyway.
"We're in recess, so Obama can, in theory, appoint someone," a senior GOP aide told the Washington Examiner. "He could appoint [Vice President Joe] Biden tonight if he wanted to."
Obama wouldn't be the first president to use a recess appointment to place a justice on the high court. There are have been 12 justices appointed to the Supreme Court while the Senate was in recess. Dwight Eisenhower was the last president to use that power — he did so three times, according to Scotusblog.
In one case, critics speculated that Eisenhower made his pick to boost his re-election chances that year.