Justice Antonin Scalia found dead

  • Thread Starter
  • Thread starter
  • Banned
  • #123
Glenn Quagmire said:
"We thus hold that the Constitution empowers the President to fill any existing vacancy during any recess"

Justice Stephen Breyer, in the actual written opinion. (Page 40, section VI)

http://www.supremecourt.gov/opinions/13pdf/12-1281_mc8p.pdf

You are clearly over your head here.
 
So you're saying by striking down, they upheld? Someone is clearly over their head, and it aint me. lol
 
The Court unanimously ruled that the President of the United States can only use his authority under the 
Recess Appointment Clause of the United States Constitution when the United States Senate is in recess and not able to transact Senate business.
The Court held that the clause allows the president to make appointments during both intra-session and inter-session recesses,
but only if the recess is of sufficient length, and if the Senate is actually unavailable for deliberation.
 
  • Thread Starter
  • Thread starter
  • Banned
  • #125
Glenn Quagmire said:
"We thus hold that the Constitution empowers the President to fill any existing vacancy during any recess"

Justice Stephen Breyer, in the actual written opinion. (Page 40, section VI)

http://www.supremecourt.gov/opinions/13pdf/12-1281_mc8p.pdf

You are clearly over your head here.
 
He also said:
 
"In our view, however, the pro forma sessions count as sessions, not as periods of recess. We hold that, for purposes of the Recess Appointments Clause, the Senate is in session when it says it is, provided that, under its own rules, it retains the capacity to transact Senate business. The Senate met that standard here.."
 
Game
 
Set
 
and 
 
Match
 
2d0ClT9.gif
 
NewHampshire Black Bears said:
Actually ' eolesen ' is right.  An  Asian Male would be PERFECT appointment by BO, then let the  D-B  replugs attack the guy relentlessly.  Wonder how many  asian votes that could change to  ' D ' votes  ??
 
Hey Eric.
 
My only REAL beef with (uncle) Clarence is that he beat the Anita Hill  'Rap' !
 
PS,
Imagine if  " I "  had used the N - word  like YOU  DID !  YOU/southwind/pete and citRAT would be screaming for the moderators  !!
 
Hypocrits  !!!!!!!!!!1
first of all I've never dimed you or anyone else out to moderators here ,frankly there are countless examples in your posts showing you as a stereotyping bigot .It's not like I need to tell any body that.
 
Glenn Quagmire said:
"We thus hold that the Constitution empowers the President to fill any existing vacancy during any recess"

Justice Stephen Breyer, in the actual written opinion. (Page 40, section VI)

http://www.supremecourt.gov/opinions/13pdf/12-1281_mc8p.pdf

You are clearly over your head here.
 
 Page 5 your link:
                  
Three days is too short a time to bring a recess within the scope of the Clause, so the President lacked lacked the authority to make those appointments. Pp 33-41
 
 
 
 
 

 
 
Q. Unions have suffered a string of defeats at the Supreme Court. Is that likely to change?
 
A. Yes, at least in the short term. Many of the cases involving organized labor were decided on 5-4 votes, with the conservative justices lining up against the unions and the liberal justices in support. The pending case seemed like more of the same. Public sector labor unions had been bracing for a stinging defeat in a lawsuit over whether they can collect fees from government workers who choose not to join the union. The case affects more than 5 million workers in 23 states and Washington, D.C., and seeks to overturn a nearly 40-year-old Supreme Court decision.
 
Now, what seemed like a certain 5-4 split, with the conservatives in the majority and the liberals in dissent, instead looks like a tie that would be resolved in favor of the unions, because they won in the lower courts.

https://www.yahoo.com/news/results-key-cases-could-change-scalias-death-094801989--politics.html
 
cltrat said:
first of all I've never dimed you or anyone else out to moderators here ,frankly there are countless examples in your posts showing you as a stereotyping bigot .It's not like I need to tell any body that.
The Water Cooler seems like it holds a ton of them actually.
 
Glenn Quagmire said:
"We thus hold that the Constitution empowers the President to fill any existing vacancy during any recess"

Justice Stephen Breyer, in the actual written opinion. (Page 40, section VI)

http://www.supremecourt.gov/opinions/13pdf/12-1281_mc8p.pdf

You are clearly over your head here.
 
Why did you not include the entire sentence? 
 
You left out these words: - intra session or inter session- of sufficient length.
 
This act invalidates your entire point.
 
So who is clearly over their head here?
 
Senator McConnell:

"Because of the unprecedented obstruction of our Democratic colleagues, the Republican conference intends to restore the principle that, regardless of party, any President's judicial nominees, after full debate, deserve a simple up-or-down vote.  I know that some of our colleagues wish that restoration of this principle were not required. But it is a measured step that my friends on the other side of the aisle have unfortunately made necessary. For the first time in 214 years, they have changed the Senate's 'advise and consent' responsibilities to 'advise and obstruct.' [...]Given those results, many of us had hoped that the politics of obstruction would have been dumped in the dustbin of history. Regretfully, that did not happen." [Senate Floor Speech, 5/19/05]


"Let's get back to the way the Senate operated for over 200 years, up or down votes on the president's nominee, no matter who the president is, no matter who's in control of the Senate. That's the way we need to operate." [Los Angeles Times, "The Nation; Clock Ticks on Effort to Defuse Senate Battle," 5/23/05]

http://web.archive.org/web/20110521170148/http://democrats.senate.gov/newsroom/record.cfm?id=332924

 
 
Might there be a compromise on a moderate nominee? Unlikely, in these polarized times, unless one side holds out an olive branch to the other early in the process. Behind the scenes, Republicans are well aware that both of President Bill Clinton’s appointees — Ruth Bader Ginsburg and Stephen Breyer — seemed to be moderate liberals when nominated but have ended up solidifying the liberal bloc.
 
Only that disappearing breed — the moderate senator willing to work across the aisle in the larger national interest, or a president more interested in actually getting someone onto the court than in getting his ideal candidate — could begin to broker a deal.
In the absence of a quietly brokered deal involving sacrifice by both sides, anyone whose views on any big issue are known could probably not get past both the White House and the Senate, this year or in the foreseeable future. And anyone whose views are totally unknown would be seen by both sides as too big a risk.

https://www.yahoo.com/politics/what-happens-if-a-liberal-is-confirmed-to-replace-133141375.html?soc_src=mail&soc_trk=ma
 
delldude said:
Why did you not include the entire sentence? 
 
You left out these words: - intra session or inter session- of sufficient length.
 
This act invalidates your entire point.
 
So who is clearly over their head here?
I did include it. (See my quote below)

It seems that I have to shorten my sentences with some to allow them the opportunity to comprehend.

I did just that in a follow-up post, which you have now latched on to to make a point already made.

In the decision, the court affirmed the right of the president to make recess appointments. They also ruled that pro-forma sessions were actually considered to be a senate in session. That is one of the three questions that what was decided here.


Glenn Quagmire said:
They upheld that the pro-forma sessions were not considered recess. Therefore the NLRB appointments were struck down. They held that recess appointments were still a Presidential power.

Do you realize that the "weasel wording" used in my post is a direct quote from the linked article you posted?

How about a direct from the actual opinion written by Breyer:

"Moreover, that broader reading is reinforced by centuries of history, which we are hesitant to disturb. We thus hold that the Constitution empowers the President to fill any existing vacancy during any recess intra-session or inter-session of sufficient length."

http://www.supremecourt.gov/opinions/13pdf/12-1281_mc8p.pdf

You are clearly over your head here.
 
  • Thread Starter
  • Thread starter
  • Banned
  • #134
delldude said:
 
Why did you not include the entire sentence? 
 
You left out these words: - intra session or inter session- of sufficient length.
 
This act invalidates your entire point.
 
So who is clearly over their head here?
 
I know, i saw that too.
 
You know Dell o'l buddy, it was rather breathtaking....the speed and intensity how these guys tried to spin silk from a turd (of an argument).
 
Only to wind up with a bigger turd.
 
lol
 
townpete said:
Glenn Quagmire said:
They upheld that the pro-forma sessions were not considered recess. Therefore the NLRB appointments were struck down. They held that recess appointments were still a Presidential power.

Do you realize that the "weasel wording" used in my post is a direct quote from the linked article you posted?

How about a direct from the actual opinion written by Breyer:

"Moreover, that broader reading is reinforced by centuries of history, which we are hesitant to disturb. We thus hold that the Constitution empowers the President to fill any existing vacancy during any recess intra-session or inter-session of sufficient length."

http://www.supremecourt.gov/opinions/13pdf/12-1281_mc8p.pdf

You are clearly over your head here.
 

Latest posts

Back
Top