General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIn 2014, Scalia with Roberts, Thomas, and Alito argued that Trump's desired recess appointments are unconstitutional
The decision in NLRB v. Noel Canning, was unanimous in striking down certain recess appointments made by President Obama as unconstitutional.
Scalia wrote a concurrence, joined by the other conservatives (minus Kennedy), that argued the decision did not go far enough:
"that recess appointments will remain a powerful weapon in the President's arsenal. ... That is unfortunate, because the recess appointment power is an anachronism." Scalia argues that the recess appointment power only applies to vacancies that arise while the Senate is in recess.
Under this reasoning, even if Trump succeeded in forcing both chambers into recess, if the vacancies did not occur during that recess, any appointments would be unconstitutional.
It will be interesting to see if they can twist themselves out of this argument for Trump. But such a case would definitely be barreling toward the Supreme Court.
lame54
(37,355 posts)riversedge
(73,980 posts)MurrayDelph
(5,473 posts)that was when a Democratic president was trying to do it.
Irish_Dem
(62,129 posts)NJCher
(38,561 posts)Let's watch for how this is raised in opposition.
tritsofme
(18,841 posts)once it goes to the SC?
Response to tritsofme (Reply #13)
tritsofme This message was self-deleted by its author.
al_liberal
(436 posts)And instantly all of those vacancies happen during a recess. Problem solved.
tritsofme
(18,841 posts)Also, Cabinet officials dont automatically lose their jobs on 1/20, they must resign or be fired.
surfered
(4,516 posts)Kid Berwyn
(18,892 posts)I, for one, have the utmost faith in Justice John Roberts and his five co-conspirators in treason on SCROTUS will do whatever is necessary to undo precedent in order to advance the cause of concentrated wealth in service of White power.