Its surprising how much you can accomplish if you don't care who gets the credit
Last week, I warned that if Congress adjourned for the year too soon, it could open a window to give President Obama a Supreme Court pick. That's because of a provision of the Constitution that allows the president to make recess appointments that can last two or more years. Now we get word that Congress is planning to adjourn early, which will give Obama an opportunity to appoint Merrick Garland to the Supreme Court.
This discussion is fairly complex, involving both constitutional and statutory law, so bear with me.
1) Why does Congress want to adjourn early? Members of Congress want to adjourn early this year so they can kill last-minute Obama regulations. According to a 1996 law, Congress has 60 legislative days in which to disapprove of presidential regulations. If Obama makes some horrendous last-minute regulations, by ending its session early, Congress has more time to overrule those regulations. That's why congressional leaders are tentatively planning to adjourn by December 9.
2) What does this have to do with the Supreme Court vacancy? Under Article II, Section 2 of the Constitution:
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.
Courts have interpreted "recess" to mean a ten or longer-day gap between sessions of the Senate. That means Obama, during the recess, could appoint Merrick Garland to the Supreme Court, since by adjourning for the year on December 9, the Senate will be gone for far longer than ten days.
[Editor: We'd tell you to contact McCain and Flake but.... they are probably helping Obama with this idea!]
You can bet your sweet bippy that monkey faced muslim traitor will do anything that he can to destroy this nation in his last few days
I'm not taking that bet. Expect the worst from this guy & hope to be surprised but sure not counting on it.