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To: djf

I don;t believe you can recess appoint a Supreme Court Justice. And I think it would be disasterous to try, even if it were borderline legal. I think all eight of the Justices would refuse to accept any such appointment.


36 posted on 07/06/2005 9:13:13 AM PDT by xkaydet65 (Peace, Love, Brotherhood, and Firepower. And the greatest of these is Firepower!)
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To: xkaydet65

George Washington appointed John Rutledge as Chief Justice by recess appointment. Justices Warren and Brennan were initially recess appointments of President Eisenhower.


38 posted on 07/06/2005 9:15:17 AM PDT by AntiGuv (™)
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To: xkaydet65; djf
xkaydet65 said: "I don't believe you can recess appoint a Supreme Court Justice."

Yes, you can.

The problem is that recess appointments are temporary, until the end of the next Senate session. They are not lifetime appointments.

If a Demoncrat President ever happens again, he would automatically get a Supreme Court nomination at that time. Such a recess appointment would be a highly unproductive use of an opportunity to select a Supreme Court Justice.

The same problem is of lesser concern for a cabinet post or any other appointment of one who serves at the pleasure of the President. A new President can replace them immediately upon taking office. There is little lost by using a recess appointment.

168 posted on 07/06/2005 11:54:06 AM PDT by William Tell
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To: xkaydet65
I think all eight of the Justices would refuse to accept any such appointment.

Is there something in the Constitution that says they can do that?

175 posted on 07/06/2005 12:11:11 PM PDT by numberonepal (Don't Even Think About Treading On Me)
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