{"id":23145,"date":"2017-01-02T13:26:26","date_gmt":"2017-01-02T18:26:26","guid":{"rendered":"http:\/\/angry.net\/blog2\/?p=23145"},"modified":"2017-01-02T13:26:26","modified_gmt":"2017-01-02T18:26:26","slug":"obamas-last-strike-against-america","status":"publish","type":"post","link":"https:\/\/angry.net\/blog2\/?p=23145","title":{"rendered":"Obama\u2019s last strike against America?"},"content":{"rendered":"

Good day all. When Donald Trump is sworn in on the 20th<\/sup>, one of the first things he will have to do is appoint a new supreme court justice to replace the late Antonin Scalia.<\/p>\n

\"\"<\/a><\/p>\n

<\/p>\n

Justice Scalia, who passed away last year, was a staunch constitutional originalist and conservative. His vote was one of the votes that upheld the 2nd<\/sup> Amendment rights of Americans with the Heller decision<\/a> in 2008. He has also tended to lambaste the \u201cMore liberal\u201d members of the court over their tendency to legislate from the bench.<\/p>\n

\"\"<\/a><\/p>\n

When Justice Scalia passed away, the Progressives saw it as their chance to basically amend the Constitution without bothering to go through the actual amending process. When President Barack Obama, who\u2019s previous picks made Vladimir Lenin look conservative, announced that his choice would be Judge Merrick Garland, the Republican controlled Senate refused to hold hearings.<\/p>\n

This upset the Progressives no end, and in their usual manner, they held their breath and stamped their feet, demanding that Garland be appointed. The Republicans looked at his record and quickly saw that Garland never met a government regulation he didn\u2019t like and that he considered the 2nd<\/sup> Amendment to not be an individual right. In other words, if a case came up, he would vote to strip the right to keep and bear arms from the people.<\/p>\n

\"\"<\/a><\/p>\n

When it looked like Felonia von Pantsuit would win the election, the Progressives quieted down. They assumed that once she was sworn in, the Senate, even if the Republicans managed to maintain control, would cave in as usual and confirm Garland, or whoever she chose to nominate. Just prior to the election, there were a few spineless RINO\u2019s who did say it was time to confirm Garland, the reasoning being that Felonia\u2019s choices would be far worse. Luckily, Felonia von Pantsuit lost and we will have Donald Trump as president, and he\u2019s already released a list of potential nominees.<\/p>\n

\"\"<\/a><\/p>\n

This has set the Moonbats to barking loudly. One of the ideas they came up with was to have Barack Obama appoint Garland to the bench as a recess appointment. This would be possible as Congress formally goes out of session for a minute until the new congress comes into session. The Washington Times explains how this might happen<\/a>:<\/p>\n

President Obama will have one last chance to force Judge Merrick Garland<\/a> onto the U.S. Supreme Court on Tuesday \u2014 but it\u2019s a legal gamble and one that has so many pitfalls that even those who say he could get away with it believe it isn\u2019t worth the fight. <\/b><\/p>\n

Mr. Obama\u2019s moment will come just before noon, in the five minutes that the Senate<\/a> gavels the 114th Congress out of session and the time the 115th Congress begins.<\/b><\/p>\n

In those few moments the Senate<\/a> will go into what\u2019s known as an \u201cintersession recess,\u201d creating one golden moment when the president could test his recess-appointment powers by sending Judge Garland<\/a> to the high court. <\/b><\/p>\n

\"\"<\/a><\/p>\n

Considering just how petulant Obama has become since it sunk in his legacy is about to be tossed into the trash, shoving Garland onto the Supreme Court is something he might try. It would also be a massively bad idea.<\/p>\n

The move would be a legal gamble under the high court\u2019s last ruling in 2014 on recess appointments. That 9-0 decision overturned a handful of Mr. Obama\u2019s early 2012 picks, saying the Senate<\/a> was actually in session when the president acted, so he couldn\u2019t use his powers.<\/strong><\/p>\n

\"\"<\/a><\/p>\n

That ruling also said, however, that there\u2019s a difference between appointments made during the annual yearlong session of Congress, dubbed \u201cintrasession,\u201d which Mr. Obama used in 2012, and picks made at the end of the year, after Congress adjourns, which are known as \u201cintersession.\u201d<\/strong><\/p>\n

Basically, Obama will have a minute or so to appoint Garland to the court. He would be on the court for up to a year. After a year, Garland\u2019s term would expire and then President Trump could appoint a replacement. What sort of damage would be done by Garland and the Progressive majority on the court is anyone\u2019s guess.<\/p>\n

\"\"<\/a><\/p>\n

William G. Ross, a law professor at Samford University in Birmingham, Alabama, said Mr. Obama would have the power to elevate Judge Garland<\/a>. But he said it would be \u201cpolitically unwise and damaging to the prestige of the court.\u201d <\/b><\/p>\n

\u201cIt would exacerbate acute political tensions that have roiled the transition process and promise turbulence from the very start of the Trump administration, and it would contribute to the growing public perception that the court is unduly political,\u201d Mr. Ross said. <\/b><\/p>\n

And when has that ever stopped King Putt? The ruling that has stymied Der Fubar was written by Justice Breyer. This was in regards to Obama\u2019s attempt to declare that he decided when congress was out of session and had attempted to make several recess appointments that had been blocked by the Senate. Breyer had this to say in his opinion.<\/p>\n

Justice Stephen G. Breyer, writing the controlling opinion in that 2014 case, acknowledged Roosevelt\u2019s move, though he called it an anomaly. <\/b><\/p>\n

Breyer was referring to president Theodore Roosevelt who used a similar break to appoint 168 people that needed to be confirmed, and he wasn’t interested in waiting for the Senate to act, if they did at all.<\/p>\n

He said there\u2019s a general presumption that recesses need to be at least 10 days for a president to flex his recess powers, though he left open the chance for an emergency. <\/b><\/p>\n

And that\u2019s the loophole the Progressives want Obama to use.<\/p>\n

Some scholars say the 10-day rule in his opinion is \u201cdicta,\u201d or nonbinding verbiage that doesn\u2019t constrain the courts. Activists suggest Judge Garland<\/a> could test the boundaries of unusual circumstances that Justice Breyer left open. <\/b>The consensus, though, is that Mr. Obama would be making a mistake to test it that theory. <\/b><\/p>\n

\u201cI think it\u2019s fair to use the word stretch. I don\u2019t know why he would try this. It would backfire,\u201d said Louis Fisher, a scholar in residence at the Constitution Project who served for decades as Congress\u2019 top expert on separation-of-powers issues. <\/b><\/p>\n

He said Mr. Obama\u2019s 9-0 loss in the 2014 case should still be stinging someone who earned his law degree from Harvard University and taught constitutional law at the University of Chicago. <\/b><\/p>\n

\u201cDoes he want to go down that road again?\u201d Mr. Fisher said. <\/b><\/p>\n

\"\"<\/a><\/p>\n

Allow me to answer this for you. Obama doesn\u2019t care. As of now, his goal is to inflict as much harm as he can on the United States and President Trump. Putting Garland on the bench would allow him to have some chance of \u201cProtecting his legacy\u201d from Trump and the Congress.<\/p>\n

There are a number of cases coming up this year, dealing with Obamacare, regulatory overreach and outright suppression of people\u2019s rights since they aren\u2019t \u201cPolitically correct.\u201d If Garland ruled in favor of the Obama administration, even if it were out of office, it could be several years before another case came up and allowed the court to overturn it, if they would even try. (The court loves precedent) Then there is the little matter of Garland\u2019s time on the court. It wouldn\u2019t be very long at all.<\/p>\n

Perhaps most problematic for Mr. Obama is that recess appointments have a shelf life. Even if he succeeds in putting Judge Garland<\/a> on the bench, the appointment would expire at the close of 2017 \u2014 and could end even earlier if the Senate<\/a> confirms a full-fledged replacement named by Mr. Trump. <\/b><\/p>\n

I\u2019m not up on the procedures here, but I have little doubt that if the Senate has the opportunity, they will confirm President Trump\u2019s choice damn quick.<\/p>\n

\"\"<\/a><\/p>\n

Worse yet for Mr. Obama, Judge Garland<\/a> would lose his seat on the U.S. Court of Appeals for the D.C. Circuit \u2014 oftentimes dubbed the second-most powerful court in the country. That means the president would be trading a lifetime of Judge Garland<\/a> for less than a year of Justice Garland<\/a>. <\/b><\/p>\n

Hmm, you know, it might almost be worth it, provided they can get him of the Supreme Court bench in a few weeks. No, I don\u2019t think it\u2019s worth the risk.<\/p>\n

William G. Ross said Mr. Obama might try instead to fill some of the five dozen other empty federal court judgeships that are vacant. They too would only be limited to a year\u2019s tenure as recess appointments, but Mr. Ross said it\u2019s possible the Senate<\/a> might vote to confirm at least some of them to lifetime tenure.<\/b><\/p>\n

Actually, I think it very UNLIKELY that the senate would confirm any of the judges Obama appointed in this manner. I also think it very unlikely that President Trump would put any of those judges up for confirmation in the first place. Why? You can bet your bottom dollar that anyone Obama appointed in that manner would be just like Supreme Court Justice Ruth Bader-Ginsburg. She hates the Constitution and thinks it should be replaced with something a lot more \u201cProgressive.\u201d<\/p>\n

Honestly, I don\u2019t see Obama trying this. It could backfire very badly as they say, leading to even greater devastation for the Democrats in elections to come. No, it\u2019s all over Bozo Obama. In a few short weeks, he will be on a bus out of town.<\/p>\n

Thatisall<\/p>\n

~The Angry Webmaster~<\/b><\/i><\/p>\n

[yasr_visitor_votes size=”large”]<\/p>\n

Save<\/span><\/p>\n

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Good day all. When Donald Trump is sworn in on the 20th, one of the first things he will have to do is appoint a new supreme court justice to replace the late Antonin Scalia. Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[100,71,157,8,315,204,115,219,35],"tags":[11,52,303,339,222,134,90,18,8,21,110,159,34,27],"class_list":["post-23145","post","type-post","status-publish","format-standard","hentry","category-moonbat","category-news-of-the-day","category-obamacare","category-politics","category-precious-snowflakes","category-second-amendment-2","category-stupidity-crime","category-the-good-idea-fairy","category-tyranny","tag-america","tag-constitution","tag-donald-trump","tag-felonia-von-pantsuit","tag-good-idea-fairy","tag-king-putt","tag-moonbattery","tag-obama","tag-politics","tag-scams","tag-scoamf","tag-second-amendment","tag-stupidity","tag-totalitarianism"],"views":806,"jetpack_featured_media_url":"","jetpack-related-posts":[{"id":23999,"url":"https:\/\/angry.net\/blog2\/?p=23999","url_meta":{"origin":23145,"position":0},"title":"The Constitution has been saved","author":"Angry Webmaster","date":"April 10, 2017","format":false,"excerpt":"Good day all. Today, a new Associate Justice to the United States Supreme Court will be sworn in. Neil Gorsuch will replace the late, great justice Antonin Scalia, returning the Supreme Court to a general 5-4 majority in favor of the Constitution of the United States of America.","rel":"","context":"In "Hero"","block_context":{"text":"Hero","link":"https:\/\/angry.net\/blog2\/?cat=181"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/angry.net\/blog2\/wp-content\/uploads\/2011\/07\/useagle3.gif?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":23377,"url":"https:\/\/angry.net\/blog2\/?p=23377","url_meta":{"origin":23145,"position":1},"title":"Democrats plan supreme court fight","author":"Angry Webmaster","date":"January 26, 2017","format":false,"excerpt":"Good day all. Now that Donald Trump is in office, people are looking at who he will nominate to replace the late justice Antonin Scalia. 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Since the California\u2026","rel":"","context":"In "Crime"","block_context":{"text":"Crime","link":"https:\/\/angry.net\/blog2\/?cat=3"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/angry.net\/blog2\/wp-content\/uploads\/2015\/07\/jerry-b-moonbeam-281x300.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":25314,"url":"https:\/\/angry.net\/blog2\/?p=25314","url_meta":{"origin":23145,"position":3},"title":"Judge Bans crackdown on Sanctuary Cities","author":"Angry Webmaster","date":"November 21, 2017","format":false,"excerpt":"Good day all. Recently, the Trump Administration has started to withhold federal funds from cities that refuse to uphold the rule of law, and actively aid criminal aliens in staying in the United States. Yesterday, a judge \u201cPermanently banned\u201d the executive order withholding these funds. The Judge in question? U.S.\u2026","rel":"","context":"In "Immigration"","block_context":{"text":"Immigration","link":"https:\/\/angry.net\/blog2\/?cat=10"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/i.pinimg.com\/originals\/d2\/2e\/11\/d22e11ba617152ea1b2e9a39366f7f36.png?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":42363,"url":"https:\/\/angry.net\/blog2\/?p=42363","url_meta":{"origin":23145,"position":4},"title":"Damn fools in Congress now considering how to Ban Trump","author":"Angry Webmaster","date":"March 7, 2024","format":false,"excerpt":"Good day all. As expected, the Progressive Liberal Democrats are freaking out that the President Trump is going to win the election. They had hoped that the Court would say that yes, States can ban Trump. 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