Obama could use recess appointment to bypass Congress, install liberal justice

by Dave Boyer  |  published on February 16, 2016

The window is still open on President Obama’s option of replacing the late Supreme Court Justice Antonin Scalia with a recess appointment, although the White House says the president won’t pursue such an antagonistic course.

The Senate is in the middle of a 10-day recess until Monday, giving Mr. Obama a chance to bypass Congress and install a successor quickly. Given Senate Republicans’ vow to block a nomination until the next president takes office in January, a recess appointment could be Mr. Obama’s only real opportunity to get a liberal justice on the bench.

Although prospects appear remote that Mr. Obama will get a nominee on the Supreme Court through the traditional process, the option of a recess appointment comes with major drawbacks such as igniting the Republican base in a presidential election year.

If a justice is installed through a recess appointment, he or she could serve only through the end of the next session of Congress — the end of 2017, at the latest.

Also, the Supreme Court narrowed the president’s temporary appointment power in a 2014 ruling that overturned Mr. Obama’s recess appointments to the National Labor Relations Board. In that decision, the court said the Senate has wide discretion in deciding when it’s not in session, allowing it to avoid a recess by taking even the most trivial action with only a few senators in attendance.

  • JOE


  • The Redhawk

    IN 1960 the Progressives TURDS passed a Senate rule to STOP any Recess appointments..> NOW the POH want to Change the Rules again but MC Connel does nOT have to have ANY recesses called for the rest of the Year .. they do not do anything anyhow…BUT the Problem Just may be in the Short Time between the Election and the Swearing in of the NEW President…
    For anyone not knowing POH
    P arty
    O f
    H ypocrites

  • Pathfinder0100

    I don’t think that it maters tho–I believe that the Repubs will cave in as always now!! What do you think??

  • Pathfinder0100

    Apparently the author is unaware of S.RES 334 passed by the DEMOCRATS in 1960. “NO appmt foe SCJ during “Election year” AW go on, Google it and read it !!

  • mustang billy

    The Congress have the authority to advise and consent to a Supreme Court per the Constitution. Obama can only pick and suggest a successor to Scalia.
    Since 2008, and every subsequent Congress have not done their constitutional job and removed the foreigner’s son from the Whitehouse. Pelosi fraudulently signed DNC election documents claiming Obama eligible to be president when clearly he is not. Pelosi need to be brought up on subversion charges. Obama is the son of a British Kenyan foreigner that never became a naturalized American citizen-and American mother. Natural born American citizens born to an American mother and an American citizen father are natural born Americans no matter where they are born. We all know this, same as the Congress, Obama, Cruz, and Rubio.
    Obama is a natural born dual citizen born of his foreigner father and American mother, on American soil which makes him born here as a 14th Amendment citizen. Rubio is not a natural born American citizen either, but rather a 14th Amendment citizen born to his parents when they were still Cuban citizens and not naturalized Americans. Cruz is not a natural born citizen either, born to an American mother and Cuban citizen father. Where is Cruzes State Department Application For Consular Report Of Birth Abroad Of A Citizen Of The United States Of America form? He does not have one because his mother and father had Canadian citizenship at his birth. Cruz is a Canadian American Cuban.

  • Chris Robinette

    He cannot as it was struck down by the courts the last time he did it and will be again.

  • Wolfman

    The Supreme Court has degenerated into a bunch of Black Robed Politicians. In theory Judges are supposed to apply/interpret the Laws…not re-write laws that they are reviewing OR worse yet make up a new law ( ie Same Sex Marriage). In truth ALL judges should be impartial and unbiased….. as it is now no one qualifies as a judge. The Supreme Court is one of three equal branches and does not actually have the final say in anything . The fact that the Senate/House has basically ceded its powers to the President and the Supreme Court.
    Iincidentally this only occurs when Republicans…who ought to replace their elephant mascot with a chicken, fail to highlight that the Democrats took four months to totally trash Bork before Kennedy was approved followed by Suiter…both are monumental spineless losers who interpret the 14th Amendment totally out of context as a catchall for every degenerate having the right to be anything they wish.The Democrats started their assault on Bork within a half hour of his nomination and they continued spouting their hate and lies without stop.
    John Roberts is the perfect mouthpiece for the new ‘Black Robed Liars For Life Matters’ movement….I never thought I could grow to hate this country…but things have got to change or I foresee the old USA morphing into a Muslim Caliphate in relatively short order!!!

  • billyrb1

    Congress has refused to protect America from obama’s acts as a traitor to the United States. Makes Congress equally as culpable as obama’s acts as traitor in White House surrounded by his muslim cult member slime balls.

  • newhope4all

    Your ignorant Republican comments are so vile and disgusting I’m amazed you have the nerve to even expose yourselves to the rest of us. I feel filthy just for being on this site so I think I will sign off and take a bath. Yuk!

  • barbarakelly

    Congress if you allow him to do this then count yourself —dead meat in our eyes.!!!!!!!!!!!!!! That means all of you.!!!!!!!!!!!

  • skipsart

    Then they shouldn’t recess.

  • Irvan

    It is about that black bastard’s speed to do just what rest of the country hopes he won”t do… by using such shabby alternatives would warrant HANGING!

  • Dennis McLain

    We need to clean out the RINOS from the House and the Senate in the elections. That would help if only the people would get more education on what is happening instead of what they THINK they can get for nothing. It is an ever decreasing spiral that depends on some people working and when it becomes too lop-sided to the not working crowd, then it is game over. Everyone will starve to death because no one is working.

  • Jons_On

    He’s probably all ready salivating. He probably has a member if ISIS in mind. I wonder which justice he is going to off next?

  • ppeony


  • cherokeeman

    Not under the Constitution. Read Article 2 of our Constitution.

  • Chris Rasmussen

    I’m shocked! SHOCKED at the notion that Obama might legally use his position as President of the United States to make a recess appointment… just as George W. Bush did 171 times. ~ Funny how a shoe changes in appeal when on another foot.

    • Juanito Ibañez, TopCop1988

      Here ya go, Chris:

      Recess Appointments Made by President George W. Bush, January 20, 2001-October 31, 2008

      Now point out just which appointment(s) “fundamentally changed” America, like a SCOTUS justice recess appointment has the potential of doing.

      • Chris Rasmussen

        Hi Juanito ~ you miss my point; Bush had every right to make those appointments, under law… as does Obama. Bush fast-tracked Roberts appointment as Chief Justice, stacking the court to the right and successfully pushing through Citizens United, arguably the all time worst SC decision.

        Incidentally, Obama’s cabinet appointees included there Republicans and really only centrist Democrats, so the constant uproar of doom from the right is silly. NO republican president has appointed three Dems, and today it would be political suicide for anyone in the GOP.

  • pete G

    Does Congress think we are so stupid to think this Muslim cares about this election and that he will not try to install a liberal judge? Wake up people Congress is just making an excuse to let this dictator get away with another one of his kill America schemes. You better keep this guy in check because your grandchildren and children are at stake as much as mine. NOW it’s time to stop this madness while there is still time.

    • Jeanne Carley

      Obama is neither a Muslin or a dictator! This lack of correct information shows what you people are- a bunch of stupid republicans parroting the likes of Fox and other irrational cable boom-boxes who rant on and on.

      • Sharon Green

        Go to you tube and type in ” Obama slips and says “my muslin faith” during a interview with George Step ;;;;during interview when he was running for office in 2008. Also, just so you know I am not a racist and I voted for Obama in 2008!

  • popeyebud

    what we need are a few more loopholes in Washington so our crook politicians can work around the rules and regulations to get their way. Why in the hell can’t they just do the job they are expected to do the way it should be done for the better of the country?

  • ihatelibs


    • Jeanne Carley

      Shame on you for such talk! Don’t you have any respect for our government officials. We voted for Obama and like it or not, he is the president and you are just a spouting demagogue who must be a racist and hater. No one likes people like you!

  • earlwatters

    obama can do what the hell he wants to there is no one with any balls in the senate all a bunch of lying SOBS we need trump someone they don’t like and hate give hell trump

  • quarkie009

    Anyone that believes Obama and his entire administration when their lips are moving is brainless and does not know where their head is located. Obama and his minions are incapable of telling the truth anytime.

  • Uncle Bob

    Obama needs to be impeach. If not blood will flow And it don’t have to happen. This is why the constitution is so important and is under attack. our Constitution is a contract between we the people and Government and all decision made should favor we the people NOT the government The government does not exist for the sake of the government but for the sake of its people. Thats law And remember they can’t legislate or rights away. They are changing the face of our Nation through Refugees And Black Home Grow Terrorts who are lead by aka Barry

  • joe

    The Congress can also _remove_ a justice.
    I will bet that the bottom-feeding politicos will endorse rather than to remove the emperor’s sleeper from the Supreme Court.
    Our republic is doomed if we do not get these outrageous revisionists from their cushy positions of elected royalty.
    It is time to vote ALL of them out of office.

  • Henry J. Gilbertson

    This half breed lying scumbag muslim P.O.S. should be removed from T.W.H. stripped of all clothing hung up side down from a lamp post and beat to death with a canning stick same thing with Moosecele and their over privilege monkey kids then trow their stinking carcassin a 12 foot deep out house pit where they belong

    • joe

      You are going to hurt yourself, Henry, by holding back like that. Why don’t you go ahead and say what you _really_ mean?

  • Frankie3D

    I sure hope President Obama does appoint a liberal judge. All you have to do is look at the Supreme Court’s decisions the last 10 or so years You can quickly tell that it is in lock step with the Republican, the tea partiers, conservatives, the NRA and all like pro gun organizations, all gun lovers, wealthy businesses and individuals, and anyone that doesn’t like liberals (maybe you should ask yourself where we would be today without liberals.

    • Jeanne Carley

      Good for you. Well said!

  • Liz EntrEkin

    He can yes BUT according to the rules of the senate as passed by Reid. A Supreme Court justice appointment requires a supermajority confirmation. The one appointed would be temporary (doing a lot of damage) but until in session and supermajority would/could find the position open for a different appointment. But by then some serious damage could be done. If the next president chose wisely and the decisions challenged using process, the temp judgements Might be overturned if it’s not too late.

  • JOE

    don’t underestimate the stupidity of the republican party and the spineless SOB’S that r in charge!

    • mudguy1

      Yes they gave the power to ratify treaties and the power of the purse. They will probably give this up to. Because for them it is better to get along with the Democrats than to save our country.

      • Sharon Green

        They have families too that have to live here. I do not understand WHY they would do this!!!We will be a third world country if Obama gets his way !! God only knows what he has in store for us in this last year he has in office !!!!

    • Sharon Green

      I am dam mad and sick to death over the traitors,Republicans. Ashamed of them !!!!

    • pete G

      Midterm voter huh? Me too Joe.

  • albertbryson

    I think this is the only way he is going to get his additional Supreme Court Justice is a recession appointment. The Senate will only turned down his choice.

    • mudguy1

      That is easy the Senate dose not have to have a recess. All they have to do is to stay in session.
      The judicial committee dose not have to even bring the nominee for a vote.

  • SomewhereInMT

    The issue is, given O’s penchant for lying, RINO McConnell needs to call the Senate back in session ASAP and keep it their until after the new President is sworn in. Notice O has a TV speech today for some issue and could at the end say, “By the way as part of my duties as President I’m Appointing….”

  • annabee1

    Without an appoint made made, the SCOTUS must decide as to whether or not to accept the nine appeals from the lower courts and those appeals that would be sharply divided, the SCOTUS does not need to confer or even entertain in its chambers. Thus, all the nine ‘liberal’ appeals from the lower courts stand as law and our unions are saved along with several other critical laws in place–remain in place. So you GOP trolls need to understand this ie. you’ve been outfoxed again by a brilliant U.S. President Obama! Lol!

    • muthamedia

      You don’t actually think Obama does this on his own do you? Obama is an empty suit doing the destruction of the country on behalf of the anti American globalist SOBs,

      • Jeanne Carley

        You’re ridiculous or live in fantasy land.

  • Ron

    Even a few months on the Court would allow such an Obama “recess appointment” to cast a deciding leftist vote on several upcoming SCOTUS cases. These cases, if they go Obama’s way, would in large part erase some of our most cherished Constitutional rights. Given the gravity of the situation and the Obama track record on such things, I would strongly advise the illustrious Senate Majority Leader to get himself in gear and proceed to Washington, D.C. to declare the Senate in session with all due haste!

    • pete G

      If they meet every 3 days there can be no recess declared and he cannot pull his deceitful BS.

  • aCe44

    It would “ignite the Repub. base”, but a SCJ lasts much, much longer than a presidential term or two. He may just…

  • Thomas Goss

    Take this ILLEGAL LYING MUSLIM HALF BREED ASSHOLE OBAMA out and HANG him before he does any more damage to our country.

    • del

      Take along about 95% of congress who allowed the ahole to ruin our country!

    • Jeanne Carley

      You must be a devil> What inappropriate language for a excellent president who has done so much good for the country. Or you’re a rabid idiot and don’t know what you’re saying.

      • Thomas Goss

        You are a TOTAL MORON if you think that, that asshole Obama has done anything good. The one thing he could do is die NOW.

      • Sharon Green

        I SUPPOSE YOU think Hillary is our next royal appointment !!!

        • Jeanne Carley

          No, I prefer Bernie. I think these racist comments should be off-limits. Only the uneducated and uninformed make these type of rude remarks. They don’t read or understand what’s has been happening.

          • Sharon Green

            Listen missy, you are the one that has no clue.Bernie is a dam communist!!!!

          • pete G

            You think a regulation is in order? Now where have i heard that?

      • pete G

        You need to take you’re ridiculous Azz off this thread and never come back you F troll.

    • Sharon Green


  • saviano

    Maybe some of the RINO Rep (Mitch MCconnel ) will stand up for once and demand the appointment is voted on If our current trash GOV’t leadership insist on a power move, The Senate has the power to vote.
    America has lost it’s voice with the passing of Supreme Court t Justice Scalia who was a Constitutional scholar .

    • Irene Elizabeth Grooms

      We’ve lost a great Supreme Court Justice and i really hope the Republicans stop Obama from putting another in his place.

      • pete G

        Even the SC votes party now, not what the forefathers had in mind when they created it. It’s a perfect opportunity for jack-asses like this power hungry President to try and take over. He couldn’t wait till the body was cold to insert his filthy power grab.

        • Jeanne Carley

          It’s the GOP leaders (McConnell and Ryan) that are the real “jackasses”. Watch your language when referring to the best president in modern times.

          • Sharon Green

            Where in the hell have you been for the last seven years?????

          • The Redhawk

            she must be one of “SHIL-LIAR-RY Concubines..

          • Irene Elizabeth Grooms


          • Jeanne Carley

            These last two comments are unworthy of responding to uniformed bigots.

          • Sharon Green

            Not a bigot, just smart sassy young woman that knows whats up !!!!!

          • pete G

            I knew it was race, you’re head is solid and won’t let truth in.

          • The Redhawk

            and that is an OUTSTANDING… BULLS EYE…Worthy of a BADGE

          • judge45colt

            what flavor kool aid you drinkin

          • The Redhawk

            MOOCH elle pi-s

          • pete G

            You’re just another one who thinks it’s all about race. Get over it for God’s sake,can you not blame anything else.

          • Jeanne Carley

            Your views are simply disgusting. Another one of the t-party goons who don’t know anything but profess to know it all!

          • pete G

            So i am supposed to take someone like you serious who calls this President the best in modern times? I consider you a lost cause, you’ll never get it even when it’s right in front of you. I served in Viet Nam and deserters like Bergdahl deserve death for what he did yet your President tried to make a hero out of him after he got 6 good men killed. I could shoot the dirty Muslim myself but you wouldn’t understand anything about things like that. Forget it we’re done.

          • The Redhawk

            YOU need a SEVERE ESTRACTION procedure to get your HEAD out of your Impacted COLON…

        • Sharon Green

          Well said. The viewing has not even taken place yet !

        • Sharon Green

          You are so right, Obama is a ruthless dictator !!!!! How shameful that he is not even going to he funeral of Justice Scalia.

          • pete G

            It just shows what a racist, arrogant, looser he is.

      • Sharon Green

        I agree, but nothing could surprise me anymore!

    • Sharon Green

      What a joke that is .She want even bring Hillary to justice.I never could understand how those Clintons get away with all they have been proven to do and are still at it ! Its ridiculos!! Makes no sense !!

      • pete G

        It just shows the lack of honor, honesty, and integrity of the American Government.

  • Richard Manley

    Would not be surprised by anything this piece of s*** does

  • Gunflint Roseberg

    Don’t underestimate the tyranny of the current White House squatters. The GOP gave the Dems just about everything they wanted, & will most likely agree to who-ever Odumbo wants. Both sides must go.

    • Jack G Simpson Jr

      I agree. We need to get rid of the Muslim in Chief and EVERY traitor who supported him regardless of party affiliation. If we don’t get them out it will be like leaving cancer cells in a body. SSG U.S. Army (RET)

      • Sharon Green

        So right ! We also need term limits to rid our government of the fraud and under handed deeds !!! The gop guys are just as wicked in their deeds !

        • The Redhawk

          We are at the point in History that in order to save the REPUBLIC there is a MUST NEED to FLUSH the SEWER that DC has Become of all Professional Politicians , Lobbyists and Special interests…union Donations Unionized Government Workers, and SLIM DOWN those NUMBERS!!

    • Jerry

      Yes look at lynch, rumor has it she is his choice as she is a yes sir type of person when it comes to obama

    • The Redhawk

      The PU$$Y pOTUS really wants another LIberal , may be Loretta Lynch, on the Bench to save his A_S from indictment, and Prison…which the FBI investigation of SHIL-LIAR-RY may bring Forward and Implicate him also..


      • Sharon Green

        I say out with the old and in with the new !!! They sit there year after year never even try to work with each other for our benefit. All they want is there paychecks and the power they have over “We The People” I for one am sick and tired of all of them !!!!!

        • The Redhawk

          AGREE…I still Do not see T-RUMP being one of “WE THE PEOPLE” flying at 55,000 feet in his private Jet with a cadre of YES Amoebas around him…any more than either of the POH candidates from the land of Stalin
          P arty
          O f
          H ypocrites progressives

Google Analytics Alternative