Quote:
Originally Posted by TheBig3
The Senate has to approve. Obama could have just seated Garland if he wasn't such a do-gooder because it isn't explicit what "advise and consent" means, and there's some loophole that if Congress is out, the Executive can just appoint without it. But here we are.
The only thing that's going to keep the wolves at bay here is the voter. Nothing and everything is legal if people vote for it. And there's a ton of calculation going on right now in the cloak rooms.
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This is true and definitely another way of looking at it. Though I lean towards Trump trying to get the appointment through, depending on their calculations, he may decide to commit to waiting until he's re-elected or defeated for the appointment to proceed in an effort to win over the favorability of independent voters.