PILOT SPIN

Spin Zone => Spin Zone => Topic started by: bflynn on December 24, 2018, 07:15:50 PM

Title: Senate in recess?
Post by: bflynn on December 24, 2018, 07:15:50 PM
So, the Senate is in recess, right?  Great time for recess appointments, right?  There are lots of judge seats which aren't getting filled.
Title: Re: Senate in recess?
Post by: LevelWing on December 26, 2018, 09:40:52 AM
Wouldn't they expire on January 3rd, when the new Congress takes over? And even if it's longer than a week, the Republicans control the Senate, so if the president is going to fill a judicial appointment via recess appointment, he still has to pick someone, why not just nominate them?

Quote from: U.S. Constitution; Article II, Section II, Clause III
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

http://press-pubs.uchicago.edu/founders/tocs/a2_2_2-3.html
Title: Re: Senate in recess?
Post by: bflynn on December 26, 2018, 10:09:40 AM
Wouldn't they expire on January 3rd, when the new Congress takes over? And even if it's longer than a week, the Republicans control the Senate, so if the president is going to fill a judicial appointment via recess appointment, he still has to pick someone, why not just nominate them?

http://press-pubs.uchicago.edu/founders/tocs/a2_2_2-3.html

At the end of their next session.  Harder to object to someone who is already doing the job.

Then, because it is the end of their next session, appoint more for whoever they don't confirm.  Get the gears of justice working again.

Works for cabinet officials too.
Title: Re: Senate in recess?
Post by: LevelWing on December 26, 2018, 10:47:06 AM
At the end of their next session.  Harder to object to someone who is already doing the job.

Then, because it is the end of their next session, appoint more for whoever they don't confirm.  Get the gears of justice working again.

Works for cabinet officials too.
That makes sense if the Senate doesn't come back into session between now and when the new Congress begins. That being the case, then yes, judicial appointments would work. The Republicans just need to get to work on confirming them so it's permanent.
Title: Re: Senate in recess?
Post by: Little Joe on December 27, 2018, 12:06:41 PM
Wouldn't they expire on January 3rd, when the new Congress takes over? And even if it's longer than a week, the Republicans control the Senate, so if the president is going to fill a judicial appointment via recess appointment, he still has to pick someone, why not just nominate them?

http://press-pubs.uchicago.edu/founders/tocs/a2_2_2-3.html
The Rs "controlled" the Senate when Kavanaugh was being smeared too.  Remember what a mess that was?  Of course, without Flake and McCain, the Repbulican majoarity might mean a little more.