General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe GOP's biggest crime IMHO
And their biggest insult to American democracy:
Stealing the Supreme Court's vacancy, which was rightfully President Obama's to fill.
Now Trump and his henchmen will fill the vacancy.
uponit7771
(90,348 posts)tosh
(4,424 posts)And to those A-holes with R's by their names imploring us to UNIFY:
Never! I cannot forget or overlook the obstruction, the disrespect and the ugliness you have shown over the past 8 years.
Never!
diddlysquat
(1,156 posts)Why can't the Democratic Party file suit over this?
CousinIT
(9,253 posts)Not sure why he does not do so.
discntnt_irny_srcsm
(18,481 posts)...POTUS can appoint someone to fill a vacancy that occurs while the Senate is in recess and such appointment expires at the end of the session.
uponit7771
(90,348 posts)discntnt_irny_srcsm
(18,481 posts)I believe (I don't completely trust my interpretation of Article II section 2) since Obama advanced a nomination, I infer that an appointment is no longer an option.
pstokely
(10,530 posts)nt
ehrnst
(32,640 posts)SpankMe
(2,963 posts)kentuck
(111,107 posts)Obama should take it to the 8-Justice Court and let them rule.
usrbs
(632 posts)One of the most serious implications of the recent election is the fact that the highest level of all three branches of government will be under Republican control, leading to a lack of checks and balances.
Two petitions exist to urge Obama to appoint Merrick Garland immediately. I am not a lawyer, so my understanding of the constitutional issues is slim, but one argues on the basis of United States v. Olano that the Senate has, by excessive delay, waived its right to advise and consent on the appointment of Merrick Garland.
For more on the legal argument see the WP editorial, Obama Can Appoint Merrick Garland to the Supreme Court if the Senate Does Nothing
The first petition: Appoint Garland Now (Senate Has Waived Its Rights)
The second petition: We the People ask President Obama to immediately appoint Merrick Garland to the Supreme Court
http://www.dailykos.com/story/2016/11/10/1595938/-White-House-Petitions-to-Obama-Appoint-Merrick-Garland-Immediately
longship
(40,416 posts)POTUS appoints SCOTUS with the advise and consent of the Senate.
There is nothing in the Constitution about time limits, so there is none.
The only solution which is Constitutional passed last week, an election. We failed there.
Now we have to live with this situation.
Garland's nomination is effectively dead as of last week.
Mosby
(16,334 posts)And he should in my opinion.
SickOfTheOnePct
(7,290 posts)Mosby
(16,334 posts)Maybe Xmas day?