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Dianne Feinstein dies at 90
(abc7news.com)
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this post was submitted on 29 Sep 2023
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Well I suppose RGB could have retired under Obama, but we know how McConnell treated Obama's nominees
couldn't Obama have made an appointment while the senate wasn't in session or something? i remember reading something like that, the issue with the democrats in the US as an outside observer is that they want to maintain the facade of playing by the rules so they don't do ahit what's required, Obama should have appointed his nominee and then push on RBG to retire and appoint another, as it stands his failure is letting the US slide into fascism
You're referring to a recess appointment, in which the President can make certain temporary appointments without Congressional approval when Congress is in recess. But in recent times, even when Congress is technically not in session, the majority party keeps members around to gavel in quick sessions every few days so Congress never officially goes into recess.
Obama made some recess appointments anyway, and the matter is still being litigated. I bet nobody will make a substantive recess appointment until this is settled.
https://gai.georgetown.edu/supreme-court-to-decide-what-constitutes-a-senate-recess/
The process is the justice announces retirement (or dies) and then the president appoints a nominee. Perhaps Obama didn't ask RBG to retire prior to 2014, or she refused. The president can't force a change, but just react to one.
The Republican minority prior to 2014 blocked one of Obama's recess appointments, so after 2014, even had RBG announced retirement, it was probably unlikely that a recess appointment would work. I assume at the time, they figured Clinton would be president in 2016 and that RGB could then retire during Clinton's presidency.
Apparently he didn't outright ASK but he did tactfully raise the issue.
She was stubborn though and just wouldn't do it.
Presidential appointments to the Supreme Court still require a congressional hearing and a confirmation vote in the U.S. Senate.
https://newrepublic.com/article/138787/obama-can-put-merrick-garland-supreme-court
Yes, after the recess which it mentions, it goes back to advise and consent. Obama could have forced a committee vote this way, but he would have lost in the end.
Iirc the president can do a temporary appointment. It will last the length of your presidency. But then the next president gets the permanent appointment.