Barack Obama may not be President for much longer, but he is the undisputed KING of abusing power and manipulating the Constitution for his own gain.
It turns out that the outgoing president may try to use his “Recess Appointment Power” to force in his own Supreme Court Justice during the 5-minute break that Congress will take on Tuesday between the 114th and 115th Congress.
Now TECHNICALLY this power was limited in 2014 by a Supreme Court ruling that declared that the Congress must be in recess for at least 10-days before the President can use this power, however Obama hates following rules.
According to Daily Mail, however, legal scholars consider this language to be ‘dicta,’ as it wasn’t relevant to the actual question at the center of case, which was about the legitimacy of the Senate’s pro forma sessions.
This basically means that Obama may be able to use the loophole to assign the Justice in those 5 minutes despite the ruling. At this point, I’d be surprised if he didn’t try…
There are still fail-safes for this kind of scenario. For instance, the US courts could rule the move invalid and remove the appointment IF they wanted to. The risk here is that they could always let him move forward as well.
HOPEFULLY Obama has a tiny bit of dignity left somewhere inside him and will understand the the American People have spoken and DON’T want Judge Merrick Garland on the SCOTUS. However, Obama and dignity do not go together.
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