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To: coffee260

Here's a thought. President Bush could make recess appointments to the SCOTUS. Been done before.


Under the Constitution's so-called "Recess Appointments Clause" (Article II, Section 2), the president has the power to temporarily fill any official "vacancy" without approval of the Senate when Congress is not in session. Anyone so appointed sits in office until the Senate votes on their confirmation—or until the Senate's next session expires.

That special power has been construed by many presidents to extend to vacancies in the Supreme Court. The first recess appointment to the court occurred in 1795 when President Washington appointed John Rutledge chief justice while the Senate was in recess. Since then, 11 Supreme Court justices have been put on the bench in the same way—including Chief Justice Earl Warren, who was appointed by President Eisenhower in 1953.

http://www.cato.org/research/articles/moller-041028.html


35 posted on 07/14/2005 5:42:19 PM PDT by blogblogginaway
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To: blogblogginaway
Here's a thought. President Bush could make recess appointments to the SCOTUS. Been done before.

Except that the wench O'Connor resigned effective upon the confirmation of her replacement, I think intentionally taking this option away from the President. Otherwise, he could recess appoint Bork while waiting for confirmation of Janice Rogers Brown.

571 posted on 07/14/2005 10:02:27 PM PDT by Defiant (Democrats are the post-American party.)
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