Another Obama Surprise?

Official White House Photo by Pete Souza

Obama has one last chance to force his pick for the Supreme Court, Merrick Garland, on to the highest court in the land.

Obama will have a 5 minute window known as “intersession recess” when he can force the move.

From the Washington Times:

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President Obama will have one last chance to force Judge Merrick Garland onto the U.S. Supreme Court on Tuesday — but it’s a legal gamble and one that has so many pitfalls that even those who say he could get away with it believe it isn’t worth the fight. Mr. Obama’s moment will come just before noon, in the five minutes that the Senate gavels the 114th Congress out of session and the time the 115th Congress begins. In those few moments the Senate will go into what’s known as an “intersession recess,” creating one golden moment when the president could test his recess-appointment powers by sending Judge Garland to the high court.

The liberal New Republic believes that Obama should put Merrick Garland on the Supreme Court during this intersession recess although they state: “Based on everything we know about Obama’s temperament and politics, he won’t resort to this.”

Most conservatives would say that based on everything we know about Obama’s temperament and politics he is highly likely to resort to this.