In the left wing portion of the internet (you know, the part Al Gore invented) they are all in a tizzy that today is the day Obama could trump Trump and finally appoint Merrick Garland to the SCOTUS, replacing Scalia the author of Heller and McDonald, and giving the SCOTUS an anti-2A majority. At a minimum this would be a recess appointment for one year. At a maximum he would be a fully Senate-approved SCOTUS Member for Life.
Jumping right to the worst-case scenario the logic goes like this:
The 114th Congress expires at noon. At noon plus one second there will be 34 Democrats, 2 Independents that caucus with Democrats, and 30 Republicans, in other words 36 to 30. Rather than Vice President Biden turning the gavel over to Senator Mitch McConnell to swear in the new Members of the 115th Congress, Biden could gavel the current Senate Members that exist at that time into session, recognize Senator Dick Durbin as Majority Leader and turn the gavel over to him, and then Durbin calls for a vote on Garland. Republicans can stage a walk-out but a quorum exists, and the Senate can approve Garland to the SCOTUS ... for life. They can also pack the Federal Judiciary with all of Obama's other nominees who have been so left wing that they too never got a hearing.
More details are here, here and here.
Many on the left believe this is a perfectly legal interpretation of Senate Parliamentary Rules, though it would violate tradition. But if Obama didn't worry about violating the Constitution, why would he worry about violating tradition?
I hope they're all wrong. But if we dodge this bullet I know I'll feel a lot better at 1203 than I will from now up through noon.
Jumping right to the worst-case scenario the logic goes like this:
The 114th Congress expires at noon. At noon plus one second there will be 34 Democrats, 2 Independents that caucus with Democrats, and 30 Republicans, in other words 36 to 30. Rather than Vice President Biden turning the gavel over to Senator Mitch McConnell to swear in the new Members of the 115th Congress, Biden could gavel the current Senate Members that exist at that time into session, recognize Senator Dick Durbin as Majority Leader and turn the gavel over to him, and then Durbin calls for a vote on Garland. Republicans can stage a walk-out but a quorum exists, and the Senate can approve Garland to the SCOTUS ... for life. They can also pack the Federal Judiciary with all of Obama's other nominees who have been so left wing that they too never got a hearing.
More details are here, here and here.
Many on the left believe this is a perfectly legal interpretation of Senate Parliamentary Rules, though it would violate tradition. But if Obama didn't worry about violating the Constitution, why would he worry about violating tradition?
I hope they're all wrong. But if we dodge this bullet I know I'll feel a lot better at 1203 than I will from now up through noon.
