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Politics : View from the Center and Left

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To: Cogito who wrote (178670)	1/6/2012 10:39:45 AM
From: Bread Upon The Water	Read Replies (1) of 541604

Legislative bodies are allowed to make their own rules as to how the constitutional mandates will be implemented and courts defer to them in doing so. The devil is in the details in this. If it could be shown that a rule somehow was a "de facto" blocking of the implementation of constitutional machinery maybe the Dems could get a legal victory. But IMH legal opinion it's a stretch. There is a good chance the whole thing could become a real mess if the appointee takes implementing actions that are later found invalid because he was invalidly appointed. It would have been better, IMHO, for Obama to have waited it out and made it a campaign issue rather than to risk the legal morass that could follow. Stylistically, this is like FDR "packing" the US Supreme Ct. wlith 6 more justices (which legallly failed).

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