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Knowing how classy Obama is and his respect for traditional norms I doubt whether he will do it, but he can appoint Merrick Garland to the US Supreme Court. He can do so on January 3rd in between sessions of Congress. He should do like the Republicans and do so by not following norms as they have done in this day and age.

According to David Nayen of the New RTepublic magazine:

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.” This has been used for Supreme Court vacancies before—William Brennan began his Court tenure with a recess appointment in 1956. Any appointments made in this fashion expire at the end of the next Senate session. So a Garland appointment on January 3 would last until December 2017, the end of the first session of the 115th Congress.

 

 

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Maybe he did a deal with Trump.  Appoint an acceptable judge, Trump will support the confirmation in exchange for a pardon and wipe out all the pending civil suits!!  Hey, Trump's a deal-maker, Obama wants his legacy protected and Trump has real power right now and could erase Obama's legacy!  But Obama still have some clout!

FM

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