@aboufade Noel Canning is unclear abt whether 10-day-min applies to intersession recess appts, too, but if it doesn't, (1/2)
Would it bug you if Dems nuke filibuster for Supreme Court nominees if they retake the Senate? #politicsaintbeanbaghttps://twitter.com/aboufade/status/759051758538625025 …
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(2/2) Obama could recess appt Garland on Jan. 3.
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(3/2) To be clear, I seriously doubt he would. But (under at least one plausible reading of Noel Canning) he could.
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What are the limits on the president's power to adjourn congress?
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He can only adjourn it if the houses cannot agree among themselves on adjournment. (Art. 2, sec. 3, cl. 1)
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And that power has never been used in U.S. history.
End of conversation
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@aboufade@5thCircAppeals this isn't for Garland- it's for all recess appointments. No SCOTUS recess appt since Eisenhower.Thanks. Twitter will use this to make your timeline better. UndoUndo
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@5thCircAppeals I've written about "Gaming the Constitution": http://orionabduction.blogspot.com/2016/02/gaming-constitution.html …Thanks. Twitter will use this to make your timeline better. UndoUndo
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It might.
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It seems currently convenient for me to say yes. But I have thought long and hard on this, and don't think it bugs me really.
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