Ironically , given the Republican Congress' opposition to President Obama's use of recess appointments to fill executive positions - Scalia's death occurred while Congress was in recess. Supreme Court justices have been appointed during recesses before. Might Obama do it? Can he?
Here's a bit on the subject. The consensus seems to be that he probably can, but probably won't.
- White House Says Obama Recess Appointment of Scalia Supreme Court Replacement Unlikely.
- Is a recess appointment to the Court an option?
- An Obama recess appointment double whammy strategy.
