Frank Walton's plea for a Merrick Garland recess appointment

There was another recent article worth sharing, written by Frank Vyan Walton for the DailyKos.  It’s an excellent compliment to Dr. Wang’s ‘Constitutional Hardball.’  Walton is advocating for an Obama recess appointment, I like the idea of the Daily Kos petition for Democratic Senators to actually vote Judge Garland onto the Supreme Court Jan 3rd.  See the item following Walton’s piece.  Still either one would be better than neither.

“Enough is enough.  It’s time the Democrats stop bringing a butter-knife to the gun fight. It’s time to fight back, to finally get up when the bullies push you down and punch him right in the nose.”

Seems like a good bookend to be the last of my emergency 'window of opportunity' bootlegs.  Don't get me wrong, I’m not going to stop writing or posting, or hoping, that never works for me either and I'll continue sharing the work of others, simply that I'm returning to not making exceptions conventional restraints,... after allowing Frank Walton's article to speak for how I'm feeling.  A healthy democracy demands an informed and engaged citizenry - we need you now.

______________________________________________________

All I want for Christmas is a Merrick Garland recess appointment.

By Frank Vyan Walton  

Sunday, Dec 25, 2016 

http://www.dailykos.com/story/2016/12/25/1614308/-All-I-want-for-Christmas-is-a-Merrick-Garland-recess-appointment

On his way out the Oval Office door there is one thing President Obama can do to give the do-less-than-nothing Congress a big stiff middle finger.  Recess appoint Merrick Garland to the U.S. Supreme Court so sayeth the New Republic .

Come January, President Barack Obama will be consigned to the sidelines as Donald Trump occupies the Oval Office and begins the work of dismantling his legacy. But there is one action that Obama could take on January 3, 2017 that could hold off some of the worst potential abuses of a Trump administration for up to a year. Obama can appoint his nominee Merrick Garland to the Supreme Court on that date, in between the two sessions of Congress.

Here’s how it would work. Article II, Section 2 of the Constitution states, “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate.” This has been used for Supreme Court vacancies before—William Brennan began his Court tenure with a recess appointment in 1956. Any appointments made in this fashion expire at the end of the next Senate session. So a Garland appointment on January 3 would last until December 2017, the end of the first session of the 115th Congress.

Wouldn’t that be awesome?

Obama would have to do it on the January 3rd, because the last time he did a recess appointment it was during a period that the Senate was holding pro-forma sessions, where they would be gaveled in, and then immediately out again by just one Senator every three days, specifically to block the President from making recess appointments. ...

Constitutional Hardball: Confirm Merrick Garland on January 3rd? by Prof Samuel Wang

This morning I googled Merrick Garland Supreme Court nomination for some news.  It's shocking and frightening to find nearly nothing.  It’s like Democrats are oblivious to this crucial tiny moment of opportunity to preserve the cornerstone of our American government - you know, it’s checks and balances!  That the importance of getting Judge Merrick Garland onto the Supreme Court isn't on every Independent and Democrats' lips, I find that astounding and deeply demoralizing.  This is the sort of laziness that gets governments defeated and countries lost.

Losing the Supreme Court will have far reaching consequences. Consider how passionately many powerful Republicans want to turn us into their “Christian Nation” under their personal god.  With the entire government in their hands, you better bet they will do their best to make it happen and given how pliable the DNC seems to be, they may get their way.  Who's to stop them?  Seriously, think about it.  This is for keeps.  Who's to stop this run away train wreck?

About the only thing I found worth sharing was this fascinating article by Professor Samuel Wang PhD.  It’s a good sober appraisal of this very real opportunity and it’s worth your time.  (I've included the directory of US Democratic Senators at the end of this.)

http://election.princeton.edu/2016/12/25/constitutional-hardball-can-democrats-confirm-merrick-garland-on-january-3rd/

Constitutional Hardball: Can Senate Democrats Confirm Merrick Garland on January 3rd?

By Sam Wang. |  December 25th, 2016

On the New York Times opinion page, the editors suggest (“The Stolen Supreme Court Seat,” December 24th) that President-elect Donald Trump could nominate President Obama’s choice, Judge Merrick Garland, as a gesture of goodwill. I myself suggested this on CNN last month (that was the point, you guys, not the bug – go watch). This is unlikely, to say the least…but there’s still a long-shot way to get a vote on Garland on January 3rd. It involves playing Constitutional hardball. (also see petition)

Update: A reader quotes a former Republican Senate staffer who claims that the rules prevent this. I am skeptical of the source. But if objections are raised, they will surely take the form described.

In 2004, the legal scholar Mark Tushnet published a classic article called “Constitutional Hardball.” This article is a must-read for anyone wanting to understand the battles over how our national government works.  

In it, Tushnet points out that from time to time, an organized effort is made to change fundamental principles of how the branches of the U.S. government operate. In Constitutional hardball, the parties carry out maneuvers that are within the literal rules, yet violate longstanding principles that are followed by mutual consent, a.k.a. “norms.” As examples, Tushnet cites (1) Marbury v. Madison, (2) FDR and the New Deal, and (3) a period that began in the late 1990s and continues today. This last period coincides with the advent of our modern, polarized politics.

The ninth-seat vacancy on the Supreme Court – and twenty-five other languishing judicial nominations – exemplify this year’s round of hardball. 

Diary 12/20/16 - Trump’s Theme Song (and God)

Sometimes a song represents one’s feelings much better than anything else.  This one is about relentless blind greed, sad topic, beautiful song - and outrageously appropriate in light of yesterday’s Electoral College performance.  “The Last Resort” was written by Glenn Frey and Don Henley and sung by the Eagles and I hereby rename it TRUMP’S SONG in honor of the coming pillage.

https://www.youtube.com/watch?v=Hdx6oyBOVj0

It seems that the people have spoken with Trump winning yet more electoral votes (I imagine politicians desperate to save their skins.).  Yes sir re, the meek will be falling in line.  

If only a truly massive amount of voters would start exerting pressure on their representatives, bet we’d be seeing some hardening of resolve.  But, where are those concerned American rational fact-over-faith citizens?

  

What about the next huge last-chance opportunity?

That is, getting Merrick Garland his Supreme Court nomination vote on January 3, 2016
http://www.senate.gov/senators/contact/

Senators will never do it, unless they start receiving tens of thousands, nay, hundreds of thousands of voters contacting them and explicitly demanding it.  I don’t understand why every ‘liberal’ political organization in American isn't pulling out all stops to get their constituents involved in this one all important campaign.  The necessary Checks and Balances of our Democratic government demand it !  Merrick Garland MUST BE SEATED ON THE SUPREME COURT ! ! !