Antonin Scalia replacement: Obama might bypass Senate and to fill Supreme Court seat - TomoNews

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Опубликовано 15 февраля 2016, 6:40
WASHINGTON — Following Antonin Scalia's death over the weekend, Senate Republicans have argued that the Supreme Court's current vacancy should not be filled until the new president takes office next year. They've vowed to make it nearly impossible for Obama to fill that vacancy until then.

However, President Obama could decide to make a recess appointment and have his choice of Supreme Court justice serve a term that would last until the end of the next session of Congress.

In 2014, the Supreme Court decided that recess appointments can occur if the Senate is on a break that lasts more than 10 days, as this year's scheduled summer holiday does. According to Politico, the Senate will be on their summer holiday between July 18 and Sept. 5. In this time frame, President Obama can appoint Scalia's replacement without the Senate's approval.

In one tweet posted on Feb. 13, Conn Carroll, the communications director for Republican Senator Mike Lee, suggests that the senators may avoid going on a break altogether to prevent this from happening.

The Senate may also appoint a member from Virginia, Maryland or Delaware to hold pro forma sessions during the break, ensuring that the Senate is always in session. However, in 2012 Obama said the pro forma sessions do not override his constitutional responsibility to make appointments.

According to a tweet by a Reuters White House correspondent, Obama reportedly said late Sunday that he will not try to push through a nominee during the current Senate recess that runs from Feb. 12 to Feb. 22.


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