ELDER PATRIOT – As we’ve previously documented Barack Obama is not resigned to watching Donald Trump undo his legacy. He is already Organizing for Action as a quick check of www.barackobama.com provides an outline of his post presidency plans.
Since the election of Trump, Obama has already shown that he will use whatever time is left as president to handcuff Trump from instituting his America First agenda.
That is why the appointment of virulently anti-gun Judge Merrick Garland to the Supreme Court by use of an intersession appointment is a growing possibility.
As Stephen Dinan writes in The Washington Times:
“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 arguments against such an action are substantial both on legal grounds and because even if the appointment survives legal scrutiny Garland’s appointment would last only for a year until Trump replaces him.
The arguments against employing such a ploy are based on legal and political calculations that might’ve prevented previous presidents from wasting Americans’ time but Obama is not just any president. Obama has exhibited his desire to throw a monkey wrench into every plan Trump shares with the majority of Americans to reverse his agenda.
So, while legal and political experts largely dismiss Obama taking this step they are making a mistake. Obama doesn’t care about legal or constitutional constraints. If he prevents Trump’s Supreme Court nominee from being seated for a year that would be a victory, albeit a minor one.
More important with his return to community organizing already acknowledged, he will focus on public perception not legal machinations and short-term victories.
The case against Obama making the appointment was made by William G. Ross, a law professor at Samford University. Prof. Ross said Mr. Obama would have the power to elevate Judge Garland but claimed it would be “politically unwise and damaging to the prestige of the court.”
Ross also declared that, “It would exacerbate acute political tensions that have roiled the transition process and promise turbulence from the very start of the Trump administration, and it would contribute to the growing public perception that the court is unduly political.”
When asked if Obama was planning on making the intersession recess appointment the White House refused comment.
Against the backdrop of Obama’s largely un-Constitutional governance as president and his roiling of acute political tensions prior to and after the elections it’s hard to see him abandoning exacerbating acute political tensions and growing the public’s perception that the court is unduly political when he is no longer president.
Both will serve Obama well when he returns to community organizing fulltime and is able to drop the charade of being president. Obama wants nothing more than to delegitimize the Constitution and the men who wrote it because he has always viewed the Constitution as an impediment to the exercise of governmental power rather than respecting individual protections as it was intended to do.
Obama will be counting on the mainstream media to make the case that Trump is taking the extra-Constitutional step of removing a sitting Supreme Court Justice. If enough Americans are swayed by any part of this false narrative Obama will have scored another political victory.