10 months ago, President Barack Obama nominated Marrick Garland, chief judge of the United States Court of Apples for the District of Columbia circuit – he replaced the late conservative justice Antonin Scalia on the Supreme Court.
With Senate majority leader Mitch McConnell, Republicans have refused to hold a confirmation hearing for Garland, and with Trump’s election victory in November, this has all but meant Garland would never receive a job on the high court.
However, as reported by the Washington Times and Hannity, “there will be a window of about five-minutes just before noon on Tuesday between when the 114th Congress is gavelled out of session and the 115th Congress begins, during which Obama could attempt to use his recess appointment power to put Garland on the court.”
Now, such an action would be a huge legal gamble for Obama who has previously had Supreme Court appointments overturned in 2012, but given Obama’s recent behavor, we would not rule this last ditch power grab out!
Currently, the Obama administration has refused to comment on the possibility….so we will wait, but it would not surprize us!