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Tuesday, January 13, 2004

Judicial recess appointments.

A paper addressing recess appointments can be found here.

Here is an introduction of the paper taken directly therefrom:

"Judicial Recess Appointments: A Survey of the Arguments

"The President's authority to install judges under the Recess Appointments Clause is well established as a matter of historical practice. In fact, Presidents have made more than 300 recess appointments to the federal judiciary.

"Presidents have used their Recess Appointments power to appoint federal judges since the beginning of the Nation's history. During recesses of the First Congress, President Washington made three recess appointments to the federal district court. There was no apparent objection by any member of his Cabinet or the Senate, which subsequently confirmed all three for lifetime positions on the bench. President Washington also made two recess appointments to the Supreme Court. Although one of them-Chief Justice John Rutledge- was later denied confirmation for a permanent post, it was not due to objections to the earlier recess appointment. The first five Presidents made a total of twenty-nine recess appointments of judges ...