The Constitution gives Obama the ability to use a recess appointment. This will be politically very controversial. Whether this happens is anyone's guess.
I don't think there is a Constitutional way to support that Oralloy.
The elected president gets to nominate the Supreme Court justice. Barack Obama is the elected president.
Anyone who cares about faithfully following the Constitution will want Obama to nominate the next justice.
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The United States Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in recess the President may act alone by making a recess appointment to fill "Vacancies that may happen during the Recess of the Senate." To remain in effect, a recess appointment must be approved by the Senate by the end of the next session of Congress, or the position becomes vacant again; in current practice this means that a recess appointment must be approved by roughly the end of the next calendar year.
How do you deal with people like this?
Uh, no. You got that wrong.
If Obama does this, the Senate never gets to vote on the nominee. He waits for the Senate to adjourn, appoints the Supreme Court justice, and that's that. The Senate when it comes back will have to confirm the appointment within two years, or else the vacancy occurs.
I don't know if the Senate can deny the appointment and have the guy step down quicker.
But the Senate might not want it to come to that-throwing a Supreme Court Justice off the bench.
You misunderstand. You are talking about how to block a recess appointment. I was talking about how to block a permanent appointment.
remember McConnell controls what comes up for debate in the Senate. I see this as an election issue in which the GOP has to play rather carefully so as not to appear to be playing up to a "SEE? Theyre just roablocks for politics"!...