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Due to a somewhat arcane procedural period in the Senate, President Obama may have one final opportunity to see Judge Merrick Garland, his 2016 nominee to the Supreme Court, be put on the bench.

During the "intersession recess", the moment or so between the time the presiding officer of the Senate gavels-out the 114th Congress and gavels-in the 115th, Obama may be able to exercise his 'recess appointment' powers and place Garland on the court, the Washington Times reported.

However, such a move could be legally complicated. 

While the president can indeed make 'recess appointments' to various positions when the legislature is not in session, the Supreme Court voted unanimously in 2014 to overturn several of Obama's 2012 appointees made during a recess.

The court considered Congress in-session at the time, therefore preempting any executive action.

But, such a risk has not stopped several activists from urging Obama to throw one final Hail Mary in hopes of scoring his nominee late Justice Antonin Scalia's former spot on the court.

What do you think? Let us know in the comments below.


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