Kilgore argues that the only route the Republicans would have to remove these recess appointees* would be through slow moving lawsuits which would take months, all the while leaving these appointees in place during the first year of Trump’s new administration. See Kilgore (“TR made 193 recess appointments at the beginning of 1903, and while the legality of the action has been questioned, it has never been clearly overturned. If Obama were to follow this procedure, it would take extensive litigation to reverse it, and it might stand after all.”). Kilgore is entirely wrong. No lawsuits would be needed—just two swings of the Majority Leader’s gavel. Just two swings and the recess appointees would be out.**
1 thought on “Seth Barrett Tillman: <i>Ed Kilgore, At NY Mag’s Daily Intelligencer, Asks President Obama To Use Recess Appointments: Kilgore’s Strategy Won’t Work & This Is Why</i>”
Kilgore’s bad advice simply makes the opposition look poorly informed and less than loyal to the Constitution and the rule of law
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