That was then…

Matthew Hoy
By Matthew Hoy on January 11, 2012

For some reason, law professors tend to be a little more respected than their gun-for-hire brethren who will argue any position if the money is right. Harvard law professor Lawrence Tribe is a liberal, but he’s also a respected legal theorist.

And like your average run of the mill lawyer, he can be bought. In defense of President Obama’s recent “recess” appointments, Tribe wrote an OpEd for The New York Times which included some interesting legal theories.

In support of Obama, Tribe asserts that the president's power to deem the Senate to be "in recess" and then make recess appointments "is clearly stated in the Constitution" and is further supported by "past practice."

What about when there was a Republican in the White House?

But against Bush, Tribe argued that "[t]he text, structure, purpose, function, and pre-1921 history of the Recess Appointments Clause all confirm . . . that the President may not make recess appointments during intra-session Senate breaks."


In support of Obama, Tribe argues that intra-session recess appointments are especially justified when the Senate is deliberately "frustrat[ing] presidential appointments."


But against Bush, he argued the opposite: recess appointments are all the more illegitimate when the nominee in question already had been the subject of Senate debate yet "failed to obtain enough votes to go forward under Senate rules."

Read the whole thing over at The Weekly Standard. Like the Times editorial page, Professor Tribe is partisan, not principled.


Buttigieg is going with *we waited until it was safely over the ocean*, which demands that the question be asked "Why didn't you do this over the Bering Sea? Why did you let it cross America?"

If @jaketapper were a journalist, he'd ask.

He didn't.

Tapper is not a journalist.

Here's where I'm at with this.

Even if it was a weather balloon, even if it was an accident, even if Trump did it...what's the response to this question?

It *can't* be "to avoid provoking China" because Biden shot it down anyways.

Biden can't have it both ways.

Jason Chaffetz @jasoninthehouse

Mr. President, what is the answer to this question?

I continue to be annoyed by online media companies skimping on the copy editors.

If you disagree, we may feud over the issue.

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January 2012



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