WASHINGTON TIMES — The window is still open on President Obama’s option of replacing the late Supreme Court Justice Antonin Scalia with a recess appointment, although the White House says the president won’t pursue such an antagonistic course.
The Senate is in the middle of a 10-day recess until Monday, giving Mr. Obama a chance to bypass Congress and install a successor quickly. Given Senate Republicans’ vow to block a nomination until the next president takes office in January, a recess appointment could be Mr. Obama’s only real opportunity to get a liberal justice on the bench.
Although prospects appear remote that Mr. Obama will get a nominee on the Supreme Court through the traditional process, the option of a recess appointment comes with major drawbacks such as igniting the Republican base in a presidential election year.
If a justice is installed through a recess appointment, he or she could serve only through the end of the next session of Congress — the end of 2017, at the latest.