In the closing weeks of his eight year regime, Barack Obama has been doing everything in his power to poke as many of his fingers in the eyes of those opposed to him as possible. But this final move could take the cake.
Here’s more from Newsmax:
President Obama could try to sneak Merrick Garland onto the Supreme Court on Tuesday in a high stakes legal gamble that many say isn’t worth the fight, The Washington Times reports.
There will be a 5-minute window open just before noon when the Senate gavels the 114th Congress out of session and the time the 115 Congress begins, according to the Times. During those 5 minutes, Obama could test his presidential authority and put his Garland, his nominee, on the high court.
The Times notes it would be a legal gamble since the Supreme Court overturned some of Obama’s 2012 recess appointments, saying the Senate was actually in session and the president could not use his recess powers.
But the court ruled there was a difference between appointments made during an annual yearlong session of Congress, known as “intrasession,” and picks made at the end of the year known as “intersession.”
Even as some activists are urging Obama to go through with it, experts warn it is not worth the risk.
William G. Ross, a law professor at Samford University, confirmed Obama has the power to try to force Garland onto the high court. But he said it would be “politically unwise and damaging to the prestige of the court.”