president thumb nose us constitution clearly respect rule law ability appoint supreme court justice vacate white house moments senate go know intersession recess create one golden moment president could test recess-appointment power send judge garland high court.a smatter activists ask give try mr. obama give indication think white house respond request comment story.the move would legal gamble high court last rule 2014 recess appointments 9-0 decision overturn handful mr. obama early 2012 pick say senate actually session president act use powers.that rule also say however difference appointments make annual yearlong session congress dub intrasession mr. obama use 2012 pick make end year congress adjourn know intersession william g. ross law professor samford university birmingham alabama say mr. obama would power elevate judge garland say would politically unwise damage prestige court consensus though mr. obama would make mistake test theory think fair use word stretch know would try would backfire say louis fisher scholar residence constitution project serve decades congress top expert separation-of-powers issues.he say mr. obama 9-0 loss 2014 case still sting someone earn law degree harvard university teach constitutional law university chicago want go road mr. fisher say perhaps problematic mr. obama recess appointments shelf life even succeed put judge garland bench appointment would expire close 2017 could end even early senate confirm full-fledged replacement name mr. trump.worse yet mr. obama judge garland would lose seat u.s. court appeal d.c. circuit oftentimes dub second-most powerful court country mean president would trade lifetime judge garland less year justice garland since garland could serve year presumably would accomplish little service would cloud strange controversial circumstances appointment say mr. ross law professor.for entire story washington time yes obama appoint supreme court justice leaves…but