Sources close to the President said he may try and appoint Merrick Garland to the Supreme Court at the last minute. This would be called a recess appointment and only lasts until the conclusion of the congressional session. In Garland’s case, it would be December 2017.
Article II, section 2 of the constitution says, “the President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate.” But, this power was restricted during Obama’s presidency, after he appointed three people to the National Labor Relations Board in 2012 at the time of the three-day recess in the middle of a congressional session.
Such appointments are considered invalid, and the president can no longer make such appointments.
Obama already tried to appoint Garland after Justice Antonin Scalia passed away in February. But, Garland, Sonia Sotomayor and Elena Kagan would bring the court to the left. Garland never got a hearing.
Obama tried to appoint Garland to the Supreme Court to replace Justice Antonin Scalia after his death in February. However, Republicans feared that allowing him to join Obama’s other picks, Justices Sonia Sotomayor and Elena Kagan, would pull the court left for decades. Because of this, Republicans chose to hold off on confirming Garland until after the presidential election in the hopes that their candidate would pull through and could nominate a conservative justice. They were so determined in this that they never even gave Garland a hearing.
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