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From the article: "But in Washington's current partisan gridlock, a minority of senators can -- and too often do -- deny a president a timely up-or-down vote on his nominations, a distortion of the advice-and-consent process." This is especially true of nominations to the Federal judiciary and, in combination with a dysfunctional Congress, creates an ineffectual federal government.
Ahhh, no LAT. This President chose to make appts when the Senate was in session, aka our beloved "constitutional lawyer" President yet again reveals his ineptness and ignorance of the Constitution. And we wonder why America is adrift in war quagmire, debt, and joblessness.......even the most basic question of "is the Senate in session," is too complicated for our Chicago politicians. Say, isnt Ill going bankrupt as a state, too?
The extreme right wing appellate court judge totally ignored the question of the legitimacy of the "pro forma" trickery used to pretend the Senate was still in session. This will rightfully be decided by SCOTUS.
It's a dysfunctional Congress and the creates an ineffective government. Appeals court were three Bush appointees. It is sad when he can even fill the judiciary offices. Does the 2-minute sessions constitute a session with only a few Congressmen/women on the floor and the rest at home. Can they pass a bill with only a few present. Don't think so!
More "do as I say, not as I do" from the right. George W Bush made 171 recess appointments during his two terms in office. To date, Obama has made 29.
I wonder if any of these 3 judges were themselves "recess" appointments?
goferfanz said: "even the most basic question of "is the Senate in session," is too complicated"----------- Well, this recent decision conflicts with a decision from another circuit in 2004 that UPHELD a similar recess appointment of a judge when Bush was president. So, it's not about being too "complicated" it appears to depend on whether the president is a Democrat or a Republican. The Supreme Court will have to rule on which Circuit is correct.
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