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Will Obama make a recess appointment to replace Scalia?[W:557]

Will Obama make a recess appointment

  • Yes

    Votes: 28 46.7%

  • No

    Votes: 32 53.3%
  • Total voters
    60
Re: Will Obama make a recess appointment to replace Scalia?

CanadaJohn said:
One is never surprised with the depths to which this President and his supporters will sink in order to facilitate their agenda. Creating a constitutional crisis for purely partisan reasons is contemptible..
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And the same can be said about the GOP. It's the president's Constitutional obligation to nominate someone. It's not the Senate's Constitutional obligation to arbitrarily neglect their duties for over a year. If the nominee is qualified then the GOP should review the nominee not simply arbitrarily say they won't confirm anyone no matter what.
 
Re: Will Obama make a recess appointment to replace Scalia?

Anthony60 said:
It would be stupid, so he might do it. Whoever he appoints would be gone in a year, and the next President would still make the appointment.
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How so ?
Assassination ?
Seems to be a possibility with gun-loving -conservatives .
 
Re: Will Obama make a recess appointment to replace Scalia?

Bucky said:
Pretty much every Republican President has nominated a supposed conservative judge that has turned out to be a moderate or even liberal:

Bush - Roberts
Bush H Bush - Souter
Reagan - Kennedy... In Reagan's defense Kennedy was choice #3 after Bork and David Ginsburg
Ford - John Paul Stevens
Nixon - Blackmun
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Don't forget bush tried to appoint harriet miers. Another liberal.
 
Re: Will Obama make a recess appointment to replace Scalia?

Henrin said:
The power was intended to be used in emergency situations, but since Obama has already shown that he doesn't care about that, I imagine he will use it.
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It has, IMO, become the same as an emergency situation ..The conservatives wish to drag our nation back to the 1800s and earlier; the progressives want our nation to be kept on track .. finally into the 21st century .
 
Re: Will Obama make a recess appointment to replace Scalia?

Henrin said:
The power was intended to be used in emergency situations, but since Obama has already shown that he doesn't care about that, I imagine he will use it.
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It is an emergency. If obama doesn't act we wont have a SC justice until next Jan possibly even later if Clinton wins because she will have a majority in senate and repubs will try to filibuster..
 
Re: Will Obama make a recess appointment to replace Scalia?

reinoe said:
And the same can be said about the GOP. It's the president's Constitutional obligation to nominate someone. It's not the Senate's Constitutional obligation to arbitrarily neglect their duties for over a year. If the nominee is qualified then the GOP should review the nominee not simply arbitrarily say they won't confirm anyone no matter what.
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We'll see once he nominates someone - however, this thread is about circumventing that process, so the GOP aren't the issue here, are they?
 
Re: Will Obama make a recess appointment to replace Scalia?

LaylaWindu said:
Me neither unless the GOP states and keeps stating they will blcok any and all appointments. That's dumb and bad form no matter who does it. I believe I already answered, I think its wrong no matter who would be doing it. Also I feel its going to be hard enough for the GOP, near impossible for any current front runner to be elected president and I think stalling and saying they will block any and all appointments until next year will only hurt them and help the DEMS and it will be a Dem doing the appointment anyway.
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They are giving the appearance of a young child having a temper tantrum. Not good in an election year.
 
Re: Will Obama make a recess appointment to replace Scalia?

It wouldn't surprise me. I think he'd jump at the chance to stack the court with liberals to ensure justice will never be had in the SCOTUS.
 
Re: Will Obama make a recess appointment to replace Scalia?

Moderate Right said:
I think the best solution for both sides is to appoint a moderate. No one really has the slightest idea of who will be the next president. It is a gamble for both sides to sit and wait to fill the vacancy until after the election, except for the fact that there wouldn't be much difference to the Republicans if Obama did it now or a Democratic president did it after the election, except again for the fact that the Republicans could possibly lose control of the Senate after the elections. It could backfire on either side to wait. There's no sense in Obama appointing a lefty as the only possible advantage to that would be using the nomination as a political football. If Obama were to nominate a moderate, and the Senate refuses to confirm, they are taking a huge gamble. If I had to bet, I would say that Obama wouldn't have enough time to make a recess appointment because he would have to at least try the nomination and confirm process first and by the time that is all said and done it would be about election time anyway. As far as Obama nominating himself, he would never be confirmed.
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You are assuming that the GOP will approach this rationally.

The recent history of the GOP does not suggest a rational approach is likely.
 
Re: Will Obama make a recess appointment to replace Scalia?

No, I think he should appoint the most reasonable person on the planet (if someone like that can be found) who is neither liberal nor conservative but a judge that rules on constitutional merits only without the preconception of liberal or conservative. If the republicans then refuse to appoint that pillar of reasonableness then he either has the choice to appoint him during recess (but I would say that was not the right way to go) but use the animosity and the failure of the senate republicans to drive home the need for a democratic president.
 
Will Obama make a recess appointment to replace Scalia?

CanadaJohn said:
One is never surprised with the depths to which this President and his supporters will sink in order to facilitate their agenda. Creating a constitutional crisis for purely partisan reasons is contemptible.

Should President Obama make such a move, he will solidify his place in history as the most divisive, most incompetent President ever to serve in the office and he would solidify the election in November of a Republican President and a majority in both Houses of Congress and of course, he won't care one bit.
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I'm sure you would be outraged if the Senate blocked all Obamas SC nominations since it would be unprecedented obstruction to do so for a full year, seeing as how you are so devoted to another nation's Constitution.
 
Re: Will Obama make a recess appointment to replace Scalia?

Threegoofs said:
I'm sure you would be outraged if the Senate blocked all Obamas SC nominations since it would be unprecedented obstruction to do so for a full year, seeing as how you are so devoted to another nation's Constitution.
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I wasn't outraged when the Democrats started the practice, so why would I be outraged now?

And kudos on slipping in the subtle xenophobic slag - well done!!
 
Re: Will Obama make a recess appointment to replace Scalia?

Threegoofs said:
I'm sure you would be outraged if the Senate blocked all Obamas SC nominations since it would be unprecedented obstruction to do so for a full year, seeing as how you are so devoted to another nation's Constitution.
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Actually I think blocking for a year is the only rational thing the GOP can do. An Obama appointee would likely be extremely damaging to the court and country and the Senate has the power to confirm or not confirm an appointee. Just as the president has the power to nominate, so does the Senate to deny. The whole argument of "the president was elected, he has the right to appoint" is moot when the Senate was also elected and has the power to deny. Maybe they could try and attempt to get him to appoint a rational judge instead of some liberal wingbat like in the past, but I doubt Obama has the maturity level or sense to do that.
 
Re: Will Obama make a recess appointment to replace Scalia?

Bucky said:
Pretty much every Republican President has nominated a supposed conservative judge that has turned out to be a moderate or even liberal:

Bush - Roberts
Bush H Bush - Souter
Reagan - Kennedy... In Reagan's defense Kennedy was choice #3 after Bork and David Ginsburg
Ford - John Paul Stevens
Nixon - Blackmun
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I respectfully disagree.. The judges, like so many people here cannot be properly labeled as one way or the other .I think Judge Roberts proved that ..IMO, the more intelligent a man is, the less likely he is to be conservative .. and Judge Scalia has evidently disproved that ... I think .
 
Re: Will Obama make a recess appointment to replace Scalia?

CanadaJohn said:
We'll see once he nominates someone - however, this thread is about circumventing that process, so the GOP aren't the issue here, are they?
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Until something happens we'll see who's the source of any issues. Although Republicans are already vowing that they'll create issues so it's already looking bad on them.
 
Re: Will Obama make a recess appointment to replace Scalia?

digsbe said:
It wouldn't surprise me. I think he'd jump at the chance to stack the court with liberals to ensure justice will never be had in the SCOTUS.
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I most vehemently disagree with your premise, I feel that there is MORE justice with a "liberal' than a conservative ..
 
Re: Will Obama make a recess appointment to replace Scalia?

earthworm said:
I most vehemently disagree with your premise, I feel that there is MORE justice with a "liberal' than a conservative ..
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I think we get the most justice when the record is someone who goes solely by the letter of the law instead of warping the Constitution to fit their partisan agenda. The difference between "liberal" and "conservative" is which rights the SCOTUS wants to undermine.

If you really think we get the most justice when liberals are basically appointed to rubber stamp lawsuits like with the ACA and ensuring the fed gov has more power than it should then that's a tad sad. Sure conservatives may try to reign in things like gay marriage or abortion, but those issues are gone and decided with.
 
Re: Will Obama make a recess appointment to replace Scalia?

CanadaJohn said:
One is never surprised with the depths to which this President and his supporters will sink in order to facilitate their agenda. Creating a constitutional crisis for purely partisan reasons is contemptible.

Should President Obama make such a move, he will solidify his place in history as the most divisive, most incompetent President ever to serve in the office and he would solidify the election in November of a Republican President and a majority in both Houses of Congress and of course, he won't care one bit.
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Divisive, rhetorical nonsense.
 
Re: Will Obama make a recess appointment to replace Scalia?

Bucky said:
GOP worries Obama could install Scalia successor through recess appointment | Washington Examiner

Would Obama be brazen enough to do this? What if he did this and it went to the Supreme Court?
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Only if the Senate refuses to do its duty to consider and vote.... Obama has been willing to take unilateral action, but only after he has given Congress to act and they refuse.

Hopefully the parties can find compromise and find a "Kennedy-type" justice that will be middle of the road.
 
Re: Will Obama make a recess appointment to replace Scalia?

CanadaJohn said:
We'll see once he nominates someone - however, this thread is about circumventing that process, so the GOP aren't the issue here, are they?
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Yes they are- it's only being discussed because republicans are coming out en masse to reject whoever President Obama nominates before they're even selected.
 
Re: Will Obama make a recess appointment to replace Scalia?

upsideguy said:
Only if the Senate refuses to do its duty to consider and vote.... Obama has been willing to take unilateral action, but only after he has given Congress to act and they refuse.

Hopefully the parties can find compromise and find a "Kennedy-type" justice that will be middle of the road.
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That is 100% up to Obama. After all, he does the nominating. If he makes a genuine effort to reach a consensus and is rebuffed by the GOP, then I, for one, will support Obama wholeheartedly. If he just nominates someone without even trying to reach out to the party that actually holds the Senate, then screw him.
 
Re: Will Obama make a recess appointment to replace Scalia?

digsbe said:
Actually I think blocking for a year is the only rational thing the GOP can do. An Obama appointee would likely be extremely damaging to the court and country and the Senate has the power to confirm or not confirm an appointee. Just as the president has the power to nominate, so does the Senate to deny. The whole argument of "the president was elected, he has the right to appoint" is moot when the Senate was also elected and has the power to deny. Maybe they could try and attempt to get him to appoint a rational judge instead of some liberal wingbat like in the past, but I doubt Obama has the maturity level or sense to do that.
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You think that's 'damaging', just wait till you see what you get with a Democrat controlled Senate and Clinton in office.

And I'm pretty sure Obama has the maturity to appoint a good Justice. I just doubt the GOP has the maturity to acknowledge it- it doesn't matter who gets nominated- the cry will be that the nominee will be 'extremely damaging to the court and country'....as evidenced by you saying that without having a nominee even proposed yet!
 
Re: Will Obama make a recess appointment to replace Scalia?

Fletch said:
If he just nominates someone without even trying to reach out to the party that actually holds the Senate, then screw him.
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The party whose leaders declared before Scalia's body was cold that they won't confirm anyone in the next year?

This is 2009 all over again. The GOP openly declaring no compromise or cooperation with Obama will occur under any circumstances, and their loyal footsoldiers bemoaning Obama's lack of outreach.
 
Re: Will Obama make a recess appointment to replace Scalia?

This is a bit of old karma coming to bite the court in the butt. Madison v Marbury, the decision where the court gave itself the power as the ultimate arbiter of the Constitution's meaning. Adams on his way out made a large number of appointments to the judiciary, packing it. The SOS (Madison) refused to deliver the lame duck appointments. The new president, Jefferson was from a rival party. When the new president took the reins, Marbury who had been appointed to a seat on the judiciary by Adams sued stating that the appointment should have been delivered and the seat his. The SCOTUS made the famous decision - a decision that never took force, with virtually every founder still alive arguing that the court did not have the power it assumed in this decision. Despite the ruling Marbury never got the seat.

The court waited a generation and then began to assert Madison v Marbury as precedent, granting them the power as the ultimate interpreter. And so we come to now. The court doesn't want to touch this with a ten foot pole. If they invalidate Madison v Marbury they also invalidate their original power grab. They lose their power. If they decide to uphold the decision, the court gets packed by a lame duck POTUS.

Very interesting.
 
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