Quote:
Originally Posted by ResAlien
I believe you're wrong. Photon posted it earlier in the other thread, there's a short window I believe when Obama can appoint a justice for a temporary spot when Congress is in recess that lasts two years or so. I don't know if that time has already passed but right now why not? If that option comes up I bet he gives garland the short term seat to get some stuff moving before Christian McElectrotherapy gets his chance to recreate the Spanish Inquisition
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I do believe he is wrong and right. Obama can use a recess appointment, but that appointment is only in effect until the recess is over. At that point the Senate would convene and go through the confirmation process. The constitution states that the Senate must be consulted and approve all SCOTUS appointments, so they are involved in the process regardless of the use of a recess appointment. The recess appointment is only a temporary provision.