[RIROCKHOUND]

Originally Posted by detbuch

The last paragraph of Article II section 2, which contains the appointments clause, states "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."

So, yes, Obama can make a recess appointment to the SC. And that has been done before. But the Senate can vacate that appointment after their next session, which has also been done before. So it would only be temporary, unless approved by the Senate. Obama has an opening now to do that since the Senate is in recess. But he says he won't. And if he doesn't do it now, he probably won't be able to do it afterwards since the Senate would stay in session, either in fact or pro forma, to avoid that.

One of the more unusual anomalies on the matter of recess appointments to the Supreme Court, if the Senate vacates them, is that SCOTUS Judges are supposed to be appointed for life. But that only applies if the Senate confirms them. Which is another indicator of the power and necessity of Senate confirmation and of the limited power of the President to appoint.

Thanks for the lesson.
If Obama nomiates a so-called moderate, the Senate will be playing a tough hand; delay delay delay, and hope the GOP candidate wins, of they will have to obstruct nominees for 4 more years