Obama could put Merrick Garland on Supreme Court in December

By Ed Straker
Last week, I warned that if Congress adjourned for the year too soon, it could open a window to give President Obama a Supreme Court pick. That’s because of a provision of the Constitution that allows the president to make recess appointments that can last two or more years. Now we get word that Congress is planning to adjourn early, which will give Obama an opportunity to appoint Merrick Garland to the Supreme Court.
This discussion is fairly complex, involving both constitutional and statutory law, so bear with me.
1) Why does Congress want to adjourn early? Members of Congress want to adjourn early this year so they can kill last-minute Obama regulations. According to a 1996 law, Congress has 60 legislative days in which to disapprove of presidential regulations. If Obama makes some…. [read more]

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