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Legal Commentary
: PrawfsHas Senator Leahy Forgotten Something Rather Important?
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
Okay -- I get that we're all in a big hurry to get the new Administration underway, but this is getting ridiculous!
Courtesy of CQ Politics (my emphasis added):
Well, riddle me this: Exactly who will have nominated Holder to be the AG by the week of January 5? Unless there has been a back-room deal pursuant to which President Bush submits the names of President-Elect Obama's nominees (and wouldn't that be a story!), there will literally be no nomination on which the Senate Judiciary Committee can hold a hearing until President (as opposed to President-Elect) Obama submits names to the Senate, so, not before 12:01 p.m. on January 20...
Put another way, isn't it true that President-Elect Obama has no more constitutional power to nominate someone to a Senate-confirmable job than I do?
Full post as published by Prawfs on December 08, 2008 (boomark / email).

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