President-elect Donald Trump is accusing President Obama of putting up “roadblocks” to a smooth transition.
In reality, I think President Obama has been too cooperative with Trump.
In the waning days of his administration, I’d recommend Obama take the following last stands:
1. Name Merrick Garland to the Supreme Court. Article II, Section 2 of the Constitution gives the President power to fill any vacancy during the recess of the Senate. The Supreme Court is no exception: Justice William Brennan began his Court tenure with a recess appointment in 1956. Any appointments made this way expire at the end of the next Senate session. So if Obama appointed Garland on January 3, the appointment would last until December 2017, the end of the first session of the 115th Congress.
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