[deport]

If not, then Clinton didn't have a right to do the same thing.

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Clinton's only recess judicial appointment came during a recess of the Congress on Dec. 27, 2000.... However I expect one can find other appointments out of the over 300 recess judicial appointments made by other Presidents which were made during a break in Congress rather than a recess..... thus a pattern/historical precedent.

[CyberAnt]

I thought that anytime Congress was NOT IN SESSION, the President could make a recess appt ..??

If that's not the case, then why did Daschle make a deal with Bush not to appt anymore judges until the congressional session ends in December ..??

If Bush could only make recess appts in Dec, then why make the deal .. it wouldn't be necessary. As usual the dems want to have it both ways.