Senate Recess and a possible nomination appointment in late October?

Jackson

Gold Member
Joined
Dec 31, 2010
Messages
27,428
Reaction score
7,800
Points
290
Location
Nashville
I was thinking about the Senators going home to campaign for their election in November. They would go in October. So there must be a recess, right?

Didn't I read that if there is a recess before an election, the president can appoint the Supreme Court Justice without a vote.

Is that possible?
 

Ridgerunner

'Ole Wise One'
Gold Supporting Member
Joined
Apr 20, 2016
Messages
9,651
Reaction score
4,801
Points
1,095
Location
Honolulu, Hawaii
Recess appointment
In the United States, a recess appointment is an appointment by the President of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause, the president is empowered to nominate, and with the advice and consent of the United States Senate, make appointments to high-level policy-making positions in federal departments, agencies, boards, and commissions. A recess appointment under Article II, Section 2, Clause 3 of the Constitution is an alternative method of appointing officials that allows the filling of vacancies to maintain the continuity of administrative government through the temporary filling of offices during periods when the Senate is not in session.
 
OP
Jackson

Jackson

Gold Member
Joined
Dec 31, 2010
Messages
27,428
Reaction score
7,800
Points
290
Location
Nashville
This is what would happen if a Supreme Court justice dies or steps down from their seat before the election



This is what would happen if a Supreme Court justice dies or steps down from their seat before the election

Should any of the justices perish or become unable to fulfill their duties on the bench, it is almost certain that President Donald Trump would quickly pick a replacement and the Republican-controlled Senate would move to confirm that pick, based on past statements from the White House and Senate leadership.


Under normal circumstances, the process follows longstanding procedures under the Judiciary Act of 1869:

  • Once there's a vacancy, the president can nominate someone to the bench.
  • If the Senate is in recess, the president's pick can cruise right through to taking their oath and join the court relatively quickly, but only on a temporary basis until a confirmation vote by the end of the next Congress. This route is less likely because:



    • Democrats could try to call for a "pro forma" session, meaning Congress isn't really in recess.
    • Recess appointments still have to be confirmed by the end of the next Congress, so Trump and McConnell having the votes for a regular, permanent replacement while there are still votes for a GOP majority would be the preferred option.
  • If the Senate is in normal session, they will hold an executive session and hearings on the nominee, a process that can take two to three months if there are minimal delays, including background checks, the nominee meeting with senators individually, and then finally the questioning in hearings preceding the final vote to confirm.

  • Once the Senate confirms the nominee or the president makes the less common move to make a recess appointment, the nominee is installed as a Supreme Court justice for life.
 
OP
Jackson

Jackson

Gold Member
Joined
Dec 31, 2010
Messages
27,428
Reaction score
7,800
Points
290
Location
Nashville
Recess appointment
In the United States, a recess appointment is an appointment by the President of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause, the president is empowered to nominate, and with the advice and consent of the United States Senate, make appointments to high-level policy-making positions in federal departments, agencies, boards, and commissions. A recess appointment under Article II, Section 2, Clause 3 of the Constitution is an alternative method of appointing officials that allows the filling of vacancies to maintain the continuity of administrative government through the temporary filling of offices during periods when the Senate is not in session.
So, it would be temporary. Thanks.
 

ColonelAngus

Platinum Member
Joined
Feb 25, 2015
Messages
26,456
Reaction score
12,074
Points
1,100
I was thinking about the Senators going home to campaign for their election in November. They would go in October. So there must be a recess, right?

Didn't I read that if there is a recess before an election, the president can appoint the Supreme Court Justice without a vote.

Is that possible?
I hope so. I am all for it.
 
OP
Jackson

Jackson

Gold Member
Joined
Dec 31, 2010
Messages
27,428
Reaction score
7,800
Points
290
Location
Nashville
I was thinking about the Senators going home to campaign for their election in November. They would go in October. So there must be a recess, right?

Didn't I read that if there is a recess before an election, the president can appoint the Supreme Court Justice without a vote.

Is that possible?
I hope so. I am all for it.
Sadly, I learned that would be a temporary appointment. Sorry.
 

ColonelAngus

Platinum Member
Joined
Feb 25, 2015
Messages
26,456
Reaction score
12,074
Points
1,100
I was thinking about the Senators going home to campaign for their election in November. They would go in October. So there must be a recess, right?

Didn't I read that if there is a recess before an election, the president can appoint the Supreme Court Justice without a vote.

Is that possible?
I hope so. I am all for it.
Sadly, I learned that would be a temporary appointment. Sorry.
It could still help if the election goes to SCOTUS. The left has made it clear they will not accept any losing election results.
 

airplanemechanic

Platinum Member
Joined
Nov 8, 2014
Messages
11,312
Reaction score
4,543
Points
400
Funny how Hillary in 2016 said anyone who doesn't accept the results of the election is a threat to this country then tells Biden not to accept the results of the election no matter what. LOL
 

task0778

Platinum Member
Gold Supporting Member
Joined
Mar 10, 2017
Messages
6,215
Reaction score
3,346
Points
1,065
Location
Texas hill country
Because this presidential election is a litigation fiasco waiting to happen, creating a compelling reason for a recess appointment, followed by permanent confirmation of the recess appointee. The Supreme Court does not need to be divided four-four on matters that might adjudicate a presidential election, not for one second longer than it needs to be.
.
.

A dozen times, presidents have made recess appointments of justices to the Supreme Court prior to Senate confirmation. Eleven out of twelve of those recess-appointed justices were ultimately confirmed by the Senate. Recess appointments have been made by some of the most revered presidents of the ages.

If President Trump makes a recess appointment this October, say, of Seventh Circuit judge Amy Coney Barrett, he would join the ranks of presidential giants like George Washington, John Adams, Thomas Jefferson, Abraham Lincoln, and Dwight David Eisenhower. Three of those guys made it to Mount Rushmore, and all made recess appointments to the Supreme Court, ahead of Senate confirmation.

Washington and Eisenhower made multiple recess appointments to the Court.

For President Eisenhower, all three of his recess appointments became three of the most significant justices in history, including Earl Warren, who later became Chief Justice; Potter Stewart; and William J. Brennan, Jr.

This year, the Senate has a 25-day recess pre-planned from October 12 (Columbus Day) through November 6. The Senate calls these days off "state work periods," the Senate’s fancy description for a "recess." Put another way, they schedule that time (Oct. 12–Nov. 6) so they can go home, politic, and campaign, as some face re-election.

If a new Supreme Court justice is not confirmed by October 12, then President Trump should follow precedent set by two other Republican presidents, Lincoln and Eisenhower, and make it a great Columbus Day with a recess appointment to the Supreme Court.

The recess appointment would be valid through the end of the congressional term, in this case January 3, 2021. The Senate could and should permanently confirm the nominee before then.



Biden didn't hire 600 lawyers awhile back or nothin'. The odds are pretty good IMHO that this election will end up in court and wind it's way up the judicial system, probably to the DC Court of Appeals before it hits the SCOTUS. So, if the SCOTUS ends in a 4-4 tie then the election will be decided by an Appeals court, when it really should be the highest Court in the land that makes the call one way or another.

To guarantee that, Trump should first act to make a recess appointment, either of Judge Amy Coney Barrett or Judge Barbara Lagoa. Both have been confirmed by the Senate in the last three years to their current positions and are already vetted. If the Senate chooses to go on recess on October 12, before making a permanent confirmation to fill the Ginsburg seat, the president should act.
 

Turtlesoup

Diamond Member
Joined
Aug 10, 2020
Messages
2,007
Reaction score
2,327
Points
1,893
I was thinking about the Senators going home to campaign for their election in November. They would go in October. So there must be a recess, right?

Didn't I read that if there is a recess before an election, the president can appoint the Supreme Court Justice without a vote.

Is that possible?
BRIALLANT!!

It may be temporary but it would annoy the dems, make the nominee much more likely to get confirmed permanently, and allow for another vote about the elections as the dems will certainly cause enough chaos to try to invalidate any vote that they aren't shown as the winner.
 

Toddsterpatriot

Diamond Member
Joined
May 3, 2011
Messages
61,577
Reaction score
10,775
Points
2,030
Location
Chicago
I was thinking about the Senators going home to campaign for their election in November. They would go in October. So there must be a recess, right?

Didn't I read that if there is a recess before an election, the president can appoint the Supreme Court Justice without a vote.

Is that possible?
BRIALLANT!!

It may be temporary but it would annoy the dems, make the nominee much more likely to get confirmed permanently, and allow for another vote about the elections as the dems will certainly cause enough chaos to try to invalidate any vote that they aren't shown as the winner.
It may be temporary but it would annoy the dems, make the nominee much more likely to get confirmed permanently

The best way to make the nominee more likely to get confirmed permanently....is to confirm them. Now.
 

New Topics

Most reactions - Past 7 days

Forum List

Top