Quote:
Originally Posted by catportal
It’s a lot harde to justify removing a sitting judge even if recess appointment. Also it would’ve lasted a year and I doubt McConnel would have brought out the nuclear option during an election year.
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I think you fail to understand the point I am trying to make.
YOU CAN'T MAKE A RECESS APPOINTMENT IF CONGRESS IS NOT IN RECESS. Congress is in recess when it says it is and any recess longer than 3 days requires both houses to agree on it.
Basically, the problem isn't that Obama wasn't able to sit someone on the bench but rather that no such recess was available because congress would keep pro forma sessions to keep itself from going into recess.