Article II, Section 2 of the Constitution states, “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate.”
Mr. President, you have the opportunity to appoint Merrick Garland, or any highly qualified impartial judge to the supreme court on January 3rd 2017 between the end of the 2016 Senate session and the start of the 2017.
While this would in all practical terms be a one year appointment, if Mr. Trump does successfully implement his proposals such as the establishment of a registry for Muslims, overturning Roe vs. Wade and deploying a force to hunt down 13 million undocumented immigrants, it is likely that the American people’s fear of him would prevent the confirmation of an activist judge in the court one year into his presidency.
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