Monday, February 15, 2016

An Obama recess appointment double whammy strategy

"Michael Froomkin at Jotwell has a pretty clever idea for President Obama to use in filling the Supreme Court vacancy left by the death of Justice Scalia. [It resembles the proposal Jonathan Adler made here on the VC, but has a more strategic twist to it.]  Three steps:

1.  Appoint someone far too liberal for the Senate Republicans (but possessing impeccable judicial credentials) now, using the recess appointment power 

2.  Announce that the new Justice (Justice Liberal) has agreed to step down as soon as the Senate confirms a permanent appointment.

3.  Send up a different, more moderate nominee (Judge Middle-of-the -Road) to the Senate for confirmation to the permanent life-tenured slot."

[Washington post]

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