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Comment by pvg | Hacker News Reader

The president can use a recess appointment. It would probably end up looking worse than blocking a nomination for 11 months so it seems unlikely, if technically possible.

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What's Obama got to lose?

A recess appointment would make it an ironclad certainty that a Republican would be elected president. It would make enough voters, including moderates, angry enough that a Democrat would stand no chance.

I don't know. I used to think I was a moderate, and I'd vote for almost any Democrat to keep Republicans from getting two SCOTUS appointments. It's an excellent point though, it would give Republicans a huge issue propaganda win.

The Senate can prevent recess appointments by not recessing.

Sure, and, of course, that itself was subject of a recent Supreme Court decision. But it's piling a hypothetical on my already silly hypothetical. He'll just make an appointment as he's already said and reasonably argues is his duty, the Senate will just stall him out, as the majority leadership has already said.

I like to imagine he and the Democrats in general might actually end up looking better if that's how it plays out.

And not recessing means sitting Senators cannot campaign. Which party likely benefits from that?

No, they have been using a pro forma procedural motion for years that effectively means they are never in recess, but there are untested ways that the President can force a formal recess.

He would have like 8 or 9 days to do this. Senate will be back from recess on 22 Feb.

I mean they do have to vote on a recess appointment. IIRC

Senators leave Washington, there are time limits on debate, they may not be able to return in time. Or, if a potential recess appointment is suspected, the Republicans will be spending their holidays in DC.

Good luck with that with 1/3 of Senate going for re-election. Summer is the best time to campaign but if they choose to stay in D.C., that's up to them.

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