If the GOP holds the Senate, should Obama make a recess appointment of Garland or another nominee? Additionally, should he make recess appointments for a portion of or every empty federal judgeship that the GOP has obstructed on an historic level?
Once the Senate closes its session, he absolutely has the constitutional right to do this. They will have to close the session to be able to seat the newly elected Senators. Even if it's only for one day, they do have to close the session. During that day or during a minute of being out of session, he could 100% legally do it.
The appointments would only last until the end of the next session. So maybe, it should only be the Supreme Court and a few of the most important vacancies.
Hillary could negotiate make them permanent versus a series of Oval Office speeches about the Senate putting the nation at risk and into an unprecedented constitutional crisis.
Once the Senate closes its session, he absolutely has the constitutional right to do this. They will have to close the session to be able to seat the newly elected Senators. Even if it's only for one day, they do have to close the session. During that day or during a minute of being out of session, he could 100% legally do it.
The appointments would only last until the end of the next session. So maybe, it should only be the Supreme Court and a few of the most important vacancies.
Hillary could negotiate make them permanent versus a series of Oval Office speeches about the Senate putting the nation at risk and into an unprecedented constitutional crisis.