you've got me confused w/someone else. Obama should've definitely forced that seat though. Shame we can't win w/a 3M popular vote majority.
Could President Obama make a nominee during that recess? Only if the Senate is taking a recess lasting longer than three days, and does not come in from time to time during that recess to take some minimal legislative action. Both of those circumstances would be entirely within the Senate’s authority. The bottom line is that, if President Obama is to successfully name a new Supreme Court Justice, he will have to run the gauntlet of the Republican-controlled Senate, and prevail there. The only real chance of that: if he picks a nominee so universally admired that it would be too embarrassing for the Senate not to respond. https://www.scotusblog.com/2016/02/is-a-recess-appointment-to-the-court-an-option/
yeah, call the bluff, force the Senate's hand instead of them not even holding a hearing. The Teddy precedent allowed for appointment in a recess shorter than 3 days, the type of appointment had been deemed unconstitutional (Breyer even wrote about it) but it's not like SCOTUS hasn't ever flipflopped/carved out exceptions, plus numbers were potentially in our favor there....the downside was the opening left by Garland to be filled by Trump if he couldn't go back to his old job if unsuccessful.
What bluff? You think McConnell gives a shit about propriety? It would be the easiest thing for him to do. There is nothing to force here, in fact he will give a hypocritical lecture on breaking Senate traditions and Obama going rogue .
and what he's gonna do about it with Garland quasi-confirmed? Cry to the House to impeach Barack or hold a hearing?
But how? The Senate never went in recess under McConnell. " That is precisely what the Republican-controlled the Senate has been doing since Justice Scalia’s death in February 2016, including the months of August and October, when it convened every 3 days. https://www.lynchowens.com/blog/2016/november/why-president-obama-cannot-recess-appoint-his-su/