George Washington appointed John Rutledge as Chief Justice by recess appointment. Justices Warren and Brennan were initially recess appointments of President Eisenhower.
Correct. There have been a total of 12 recess appointments to SC.
http://slate.msn.com/Default.aspx?id=2108815
I say screw 'em.
Stare Decises.
Much to be decided this next term, so just let the Supreme Court deadlock for an entire term and then see what happens to the Democrats.
Remember when the government shut down and the Republicans got blamed? W is setting up with such a tight timeline that the Dems will be blamed for "breaking" the Court if only 8 are seated and the cases remain at the district level.