The only question is whether Alito and Thomas would go along with Trump's recess
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Date: November 18th, 2024 10:17 AM
Author: ,.,,.,.,,,,,,.....................
appointment scheme. The other Republican SCOTUS justices see themselves as traditional protectors of the Constitution and would love the opportunity to show their commitment to the rule of law over partisan politics.
And it's not a hard ruling. I see no reason why SCOTUS couldn't use a simple intent test and say that the recess clause must be read in conjunction with the advise and consent clause and so if the House tries to make the Senate recess in order to get around that (as opposed to a legitimate recess disagreement) then any appointments made as a result are unlawful.
If that doesn't work for some reason, then they can just rely on this argument:
https://x.com/EdWhelanEPPC/status/1858219354472743045
(http://www.autoadmit.com/thread.php?thread_id=5636214&forum_id=2:#48351617)
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Date: November 18th, 2024 10:20 AM Author: fury and intensity of a straight up murderer (gunneratttt)
this is like the end of the roman republic when it was common to use procedure to stall or defeat the democratic process.
just get rid of the filibuster ffs.
(http://www.autoadmit.com/thread.php?thread_id=5636214&forum_id=2:#48351639) |
Date: November 18th, 2024 11:03 AM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
i assume that Trump and Thune are negotiating with Dems for a reasonably prompt window on confirmations. what the Dems did last time to Trump was procedural shenanigans to obstruct the normal business of a POTUS. the current plan to recess is of the same category and probably a bit worse than what the Dems did.
(http://www.autoadmit.com/thread.php?thread_id=5636214&forum_id=2:#48351780) |
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