[ysoitanly]

The answer is: appoint them during recess, or appoint even more 'controversial' judges during recess in their place, which serves to make the 'real' ones less controversial. Enough is enough! The judges appointed during recess serve until 2004 and as history has spelled out, many have finally gotten formal appointments - Eisenhower and X42 did it, with those results. GROW A PAIR, FOLKS.

[Enterprise]

Appoint the meanest nastiest far right judges possible during a recess. You just KNOW that at some point, an issue dear to the RATS would come before some of these people and the RATS would get slam dunked. Nuclear option? Don't bother - just do it at recess.

[madison10]

Recess appointments are last resorts. They wouldn't be in long and with the Dem's obstructionist attitude they probably would not get reappointed. 2004 isn't that far away. Why would they want to leave their homes & businesses for such a gamble?

[deport]

X42 did it

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X42 appointed one and President Bush subsequently renominated him and he was confirmed.