Obama shuts down the government

Watching the news of the day with Brett Kavanaugh, McConnell's decision to block Garland's nomination might go down as the most pivotal political decision of this generation. At the time there seemed to be very little Obama could do to fight back. Only the Senate could choose whether or not they wanted to give Garland a hearing and the Senate was run by Republicans. Obama eventually backed down in the standoff, safely assured in the belief this would end up being a perfect campaign issue for Hillary about how unreasonable Republicans were and give her a boost with independents because there was no possible way Trump could possibly win. But what if Obama had decided to fight in the only way he could? By shutting down the government and turning the political fight into one of public opinion by first holding a National Address about the perilous Constitutional Crisis Pandora Box that had just been opened. How much political blowback would he have suffered? Would Republicans simply wait him out knowing that he would have to reopen the government soon or face a massive backlash? Does that simply make the situation worst or would Republicans respect Obama finally showing a backbone?
 
Republicans would never respect Obama had he fought back during the Garland nomination. Had he fought back, expect them to fight back harder by going on Sunday tv and lambasting the administration. It would’ve just made the situation worse IMHO.
 

RousseauX

Donor
Watching the news of the day with Brett Kavanaugh, McConnell's decision to block Garland's nomination might go down as the most pivotal political decision of this generation. At the time there seemed to be very little Obama could do to fight back. Only the Senate could choose whether or not they wanted to give Garland a hearing and the Senate was run by Republicans. Obama eventually backed down in the standoff, safely assured in the belief this would end up being a perfect campaign issue for Hillary about how unreasonable Republicans were and give her a boost with independents because there was no possible way Trump could possibly win. But what if Obama had decided to fight in the only way he could? By shutting down the government and turning the political fight into one of public opinion by first holding a National Address about the perilous Constitutional Crisis Pandora Box that had just been opened. How much political blowback would he have suffered? Would Republicans simply wait him out knowing that he would have to reopen the government soon or face a massive backlash? Does that simply make the situation worst or would Republicans respect Obama finally showing a backbone?
It doesnt work if you are a democrat, the problem is that you are the pro-government party and your own base isn't gonna support you
 
Could he have made Garland a recess appointment?

The idea here is not new. President Theodore Roosevelt used this intersession recess to make numerous recess appointments in 1903. The practice was never repeated, however, and the theory upon which TR’s actions were based were largely disavowed by subsequent administrations. But that’s hardly the only problem with an intersession recess appointment.
The real problem with trying to make such an intersession recess appointment is that the Supreme Court has held that such an appointment would be unconstitutional in Noel Canning v. NLRB.

What could Republicans do if Garland is appointed?

Probably the quickest and most effective response would be for the Republican-controlled Senate to adjourn sine die early, which would end Garland's term. Such a move requires the approval of the president (as well as the House, though Republicans hold a solid majority there), so Senate Republicans might have to wait until Trump becomes president on Jan. 20. But it would mean that even if Garland was appointed, he might spend as little as three weeks on the Supreme Court.

So no that is not a solution, it seems if Obama wanted to win and in this case it would be seating Garland, he’d have to fight dirty and Obama simply didn’t have the stomach for it. Maybe challenge the legality of the Senate’s power to confirm SCOTUS. If Senate has the solemn duty to advise and consent on all Judicial nominations, if they choose not to advise or consent, they have abdicated their responsibilties and at that point their power would be null and void. I know it’s a bit of a stretch but certainly no more than the theory that any SCOTUS replacements during a Presidential Election year automatically must be delayed.
 
Top