What I find amazing in all of this is that keeping the Congress "In session" through pro forma procedures is what is not normative. So here we find ourselves defending a non-normative procedure to prevent a constitutionally normative procedure from taking place.
The "no recess recess" is the perversion not the abuse of recess appointment powers which can be fought under normal judicial review.
Under the current Senate practice there is no way for a President to actually appoint someone even when the vacancy happens during a de facto recess and the vacancy NEEDS to be filled.
The grounds to fight this is to follow Scalia's reasoning that recess appointments apply only to vacancies that occur during a recess. Such a ruling would quash the gamesmanship denying executive abuse of the appointment power and the Senate institutionalizing the current practice of the "no recess recess."
Also I rather doubt that Trump will need to resort to recess appointments. While the Senate majority may be jealous to protect its prerogatives and power they will find themselves in the perilous position of defying Trump. I believe Thune, just like Harry Reid, and McConnell before him will find ways to craft pathways around the minority slowing down or impeding the process. As long as they have a MAGA base to contend with their political self interest will always dictate their degree of submission demanded by Trump.
The MAGAs will, as always, overstep their boundaries, but in this case, it will be the Project 2025-ers (as opposed to Jeff Sessions, et al.) who will push T. to go ahead and declare the Senate and the House in adjournment. If -- and it's a big if -- either house of Congress challenges #47 and take the issue to court, the court will finally be hoist on its own petard.
Having ruled this year that their president is immune from any and all repercussions for anything he does in office that has even the most tangential relationship to "official duties," it's very likely that the 6-3 majority will say he can dissolve Congress as he likes, and nobody can stop him. BUT if, by some stretch of the imagination, a few SCOTUS scrotums stand up to him -- I'm thinking Kavanaugh, Coney Barrett, and Roberts -- and say that what he did was unconstitutional, he will respond by saying, "I have immunity, even from obeying Supreme Court rulings, because the Supreme Court said so last year. I will not accept this ruling from the Supreme Court, and they can't make me. Because it is tangential to my responsibility to appoint Cabinet officers, and I have done so under the recess appointment powers, so, fundamentally, FUCK OFF. This is my cabinet. Period.
At that point, SCOTUS and John Thune and Mikey Johnson will realize they have castrated themselves, cut off their own little johnsons, and have no power to challenge the king. And they will quickly pledge fealty to him. Because 47 will be correct: he has the Army, the Navy, the Air Force, the Marines, and the "space force" to enforce his orders. He will fire any general or admiral who stands up to him, and will likely declare martial law. And who will stop him? Little Mikey? Mr. Thune? Clarence Thomas?
More outlandish than the Mayor of South Bend to run DOT?
More outlandish than an open borders advocate who released 15,000 convicted foreign rapists, 13,000 murderers, 500,000 other violent criminals and 15,000,000 others into the U.S.?
More outlandish than an AG or DAG who appear to have organized an illegal prosecution of their primary political opponent?
Oh, and BTW, the Mayor of South Bend did a helluva job getting the bridge replaced in Pennsylvania, the waterway reopened ini Chesapeake Bay, and the Infrastructure Act money distributed fairly and equitably across the country. Nex time you drive on an improved, safer highway, thank Mayor Pete.
Any Republican Senator who voted for Mayorkas, Buttgig, or evil gnome Garland, or any of the other sick bunch that is Biden’s garbage cabinet, can just STFU. They better keep their mouths shut and vote Yes. Or it’s primary time, baby. Good and hard. The Dem hive mind votes lock step 99% of the time. Republicans spend half their time stabbing other GOP in the back. By design. Those days are gone. Just like GOP traitors need to be. Larry Hogan found out just bipartisan Dems are at the end of the day. We have a war ahead to rein in a cancerous authoritarian federal executive bureaucracy. Trump was elected to fix it. And fuck any Republican Senator who thinks they have a better idea. I’ve spent the majority of my life being given the middle finger by RINO Republicans for whom I worked and contributed to elect. John McCain should be roasting in political hell for his career of betrayal of his own team. That’s the past. Trump is now and the future. Pitch in and help or STFU and get out of the way. But DO NOT try to obstruct your own team.
Haha I love the unpopulist articles but it has one of the weirdest comment sections. Very much runs gamut from very reasonable and interesting to completely unhinged and insane
It is unfair to RFK Jr, that "certified lunatic" is applied to him alone.
What I find amazing in all of this is that keeping the Congress "In session" through pro forma procedures is what is not normative. So here we find ourselves defending a non-normative procedure to prevent a constitutionally normative procedure from taking place.
The "no recess recess" is the perversion not the abuse of recess appointment powers which can be fought under normal judicial review.
Under the current Senate practice there is no way for a President to actually appoint someone even when the vacancy happens during a de facto recess and the vacancy NEEDS to be filled.
The grounds to fight this is to follow Scalia's reasoning that recess appointments apply only to vacancies that occur during a recess. Such a ruling would quash the gamesmanship denying executive abuse of the appointment power and the Senate institutionalizing the current practice of the "no recess recess."
Also I rather doubt that Trump will need to resort to recess appointments. While the Senate majority may be jealous to protect its prerogatives and power they will find themselves in the perilous position of defying Trump. I believe Thune, just like Harry Reid, and McConnell before him will find ways to craft pathways around the minority slowing down or impeding the process. As long as they have a MAGA base to contend with their political self interest will always dictate their degree of submission demanded by Trump.
My prediction is this:
The MAGAs will, as always, overstep their boundaries, but in this case, it will be the Project 2025-ers (as opposed to Jeff Sessions, et al.) who will push T. to go ahead and declare the Senate and the House in adjournment. If -- and it's a big if -- either house of Congress challenges #47 and take the issue to court, the court will finally be hoist on its own petard.
Having ruled this year that their president is immune from any and all repercussions for anything he does in office that has even the most tangential relationship to "official duties," it's very likely that the 6-3 majority will say he can dissolve Congress as he likes, and nobody can stop him. BUT if, by some stretch of the imagination, a few SCOTUS scrotums stand up to him -- I'm thinking Kavanaugh, Coney Barrett, and Roberts -- and say that what he did was unconstitutional, he will respond by saying, "I have immunity, even from obeying Supreme Court rulings, because the Supreme Court said so last year. I will not accept this ruling from the Supreme Court, and they can't make me. Because it is tangential to my responsibility to appoint Cabinet officers, and I have done so under the recess appointment powers, so, fundamentally, FUCK OFF. This is my cabinet. Period.
At that point, SCOTUS and John Thune and Mikey Johnson will realize they have castrated themselves, cut off their own little johnsons, and have no power to challenge the king. And they will quickly pledge fealty to him. Because 47 will be correct: he has the Army, the Navy, the Air Force, the Marines, and the "space force" to enforce his orders. He will fire any general or admiral who stands up to him, and will likely declare martial law. And who will stop him? Little Mikey? Mr. Thune? Clarence Thomas?
More outlandish than the Mayor of South Bend to run DOT?
More outlandish than an open borders advocate who released 15,000 convicted foreign rapists, 13,000 murderers, 500,000 other violent criminals and 15,000,000 others into the U.S.?
More outlandish than an AG or DAG who appear to have organized an illegal prosecution of their primary political opponent?
Let's do a podcast debate! I'm game!
Yes it is. Glad I could clear that up for you.
Love your made-up numbers.
Oh, and BTW, the Mayor of South Bend did a helluva job getting the bridge replaced in Pennsylvania, the waterway reopened ini Chesapeake Bay, and the Infrastructure Act money distributed fairly and equitably across the country. Nex time you drive on an improved, safer highway, thank Mayor Pete.
Any Republican Senator who voted for Mayorkas, Buttgig, or evil gnome Garland, or any of the other sick bunch that is Biden’s garbage cabinet, can just STFU. They better keep their mouths shut and vote Yes. Or it’s primary time, baby. Good and hard. The Dem hive mind votes lock step 99% of the time. Republicans spend half their time stabbing other GOP in the back. By design. Those days are gone. Just like GOP traitors need to be. Larry Hogan found out just bipartisan Dems are at the end of the day. We have a war ahead to rein in a cancerous authoritarian federal executive bureaucracy. Trump was elected to fix it. And fuck any Republican Senator who thinks they have a better idea. I’ve spent the majority of my life being given the middle finger by RINO Republicans for whom I worked and contributed to elect. John McCain should be roasting in political hell for his career of betrayal of his own team. That’s the past. Trump is now and the future. Pitch in and help or STFU and get out of the way. But DO NOT try to obstruct your own team.
Haha I love the unpopulist articles but it has one of the weirdest comment sections. Very much runs gamut from very reasonable and interesting to completely unhinged and insane
Them guardrails are lookin' shaky!
🌲💀🌲 Biodiversity First 🌲💀🌲 Deport Everybody 🌲💀🌲