# scotus appointment by lame duck prez? **URL:** \ **Category:** Factual Questions\ **Created:** [October 10, 2008, 12:29pm UTC](https://boards.straightdope.com/t/scotus-appointment-by-lame-duck-prez/467306 "2008-10-10T12:29:45Z")\ **Posts on this page:** 2\ **Page:** 2
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [October 11, 2008, 8:41pm UTC](https://boards.straightdope.com/t/scotus-appointment-by-lame-duck-prez/467306/21 "2008-10-11T20:41:38Z")
> [@jtgain](#): > > Sure he could. As President of the Senate, he could order the Sgt. at Arms to arrest the President Pro Temp for attempting to supercede his authority by calling the Senate into session while he (Cheney) is present. While the VP is in the chamber the PPT has no authority at all. No, he could not. It is not within the power of the President or President Pro Tem to decide whether or not a session is convened. Before recessing or adjourning, except sine die, there is a time fixed for the next meeting of the Senate. Whomever may be presiding has no authority whatsoever to ignore, delay, or otherwise fail to act in accordance with that order. For all this conspiracy theorizing about how the Vice President could thwart the Senate from coming back into session, keep in mind it would be unconstitutional to do just that. Neither house can be out of session for more than 3 days without the permission of the other house. See Article I, Section 5. ---
**Author:** ![pseudotriton\_ruber\_ruber](https://avatars.discourse-cdn.com/v4/letter/p/a9a28c/32.png) [@pseudotriton\_ruber\_ruber](https://boards.straightdope.com/u/pseudotriton_ruber_ruber)\ **Post date:** [October 11, 2008, 10:38pm UTC](https://boards.straightdope.com/t/scotus-appointment-by-lame-duck-prez/467306/22 "2008-10-11T22:38:57Z")
Just a note to say I had no idea I was raising anything more complicated than your average parking ticket in my OP, and thanks to all you knowledgable folks for going into such depth. [Previous page](https://boards.straightdope.com/t/scotus-appointment-by-lame-duck-prez/467306.md?page=1)