One flaw with your argument is t makes the words it may happen superfluous, that the clause would mean exactly what you say it means if you took those words out. And your response, the only one i could see on the reply, your reply brief, page 13, is that those words were put in there to, quote, confine the president to filling vacancies that actually exist at the time of appointment. Now, is that did you really think they put that language in there because they were afraid the president would fill appointments that dont exist . I dont know why they put the language in there, mr. Chief justice, but it doesnt it isnt superfluous because it does serve that function one reason is because they were afraid otherwise the president would have the power, simply, when somebody died two or three years before and theyve had a big fight in congress to save up all the controversial nominations and then put them through as recess appointments. That could be one thing they didnt want to happen. I dont
3, that since their meeting their recess was still on and lasted more than 3 days, it was a violation of that adjournment clause of the constitution. Now, thats one way to interpret it. Over a long period of time, they have apparently met pro forma on those days. Or we could try to make them mean the same thing, which would mean it was up to the senate. They consider that a meeting, its a meeting. What do we do . Or there is another option, Justice Breyer. Would you write that opinion, saying the senate of the United States has violated two provisions of the constitution . No, no. I dont think you need to write that opinion. All right. Why not . Because you might, perhaps, give the senate some deference with respect to requirements that apply only internally to the congress. But when what youre talking about is the senates use of pro forma sessions in a manner that deprives the president of authority that article ii would otherwise give would it i mean, thats my basic question really.
The executive was by rejecting the notion that the appointment power should reside with the senate. The framers considered that and they rejected it. And the reason they rejected it, as this court noted in its edmund opinion, was to protect the executive against encroachment by the legislature. But the compromise they settled on in moving away from that is that the president will nominate and the senate, if it so chooses, can confirm a nominee. You spoke of the intransigence of the senate. Well, they have an absolute right not to confirm nominees that the president submits. And it seems to me, following up on Justice Kagans point, youre latching on to the recess appointment clause as a way to combat that intransigence rather than to deal with the happenstance that the senate is not in session when a vacancy becomes open. Well, but those things there are often situations in which the senate is not in session when a vacancy becomes open or needs to be filled, i guess would be the more ac
Despite all of this, today President Trump continues to spread disinformation, false information about the pandemic, claiming cases are going up only due to more testing. Thats simply not true, and that the u. S. Is doing better than europe when it comes to the virus. Also not true, and easily disproven by the data and the facts. For those millions of americans out of work due to the pandemic, many who relied on now expired federally enhanced unemployment benefits, the extra 600 a week, a deal on relief in the near future is very much in doubt. Sources tell cnn white house negotiators and congress are as far apart as they have ever been on another emergency package. Those talks expected to resume this morning on capitol hill, and we will have an update on that in just a moment. First lets get to cnns Stephanie Elam in los angeles. California has now reported more than half a million cases since the pandemic began. Really, again, they had it under control it seemed, began to reopen and
Focus on the loss of the justice and her enduring legacy. Jedediah overnight, hundreds gathered at the steps of the Supreme Court to mourn Justice Ginsburg. House Speaker Nancy Pelosi has ordered flags to fly at halfstaff at the u. S. Capitol. Shannon bream has more on her remarkable life and the legacy she leaves behind. I, Ruth Bader Ginsburg, do solemnly swear. She might have seemed small in stature as the second woman to be nominated to the u. S. Supreme court, Ruth Bader Ginsburg was a trailblazer for womens rights and a champion for civil liberties. Ginsburg was born Ruth Joan Bader on march 15th, 1933. In a working class neighborhood in brooklyn, new york. The daughter of nathan and celia bay der. Ginsburgs mother died when she was just 17, the day before she graduated from high school. It was one of the most trying times in my life. But i knew that she wanted me to study hard and get good grades and succeed in life. So, thats what i did. She finished first in her class at Corne