[The Great RJ]

The Constitution appears clear that the Senate must consent to the President’s Supreme Court appointee. Imagine Obama defying the Constitution and making a recess appointment who then gets rejected by the Senate when they are back in session. Would any decisions by this rump Justice then be made void?

[GOPJ]

Dems in Senate passed a resolution in 1960 against election year Supreme Court appointments
By Thomas Lifson

Read it and weep, Democrats. The shoe is on the other foot. David Bernstein at the Washington Post’s Volokh Conspiracy blog:

Thanks to a VC commenter, I discovered that in August 1960, the Democrat-controlled Senate passed a resolution, S.RES. 334, Expressing the sense of the Senate that the president should not make recess appointments to the Supreme Court, except to prevent or end a breakdown in the administration of the Court’s business. Each of President Eisenhower’s SCOTUS appointments had initially been a recess appointment who was later confirmed by the Senate, and the Democrats were apparently concerned that Ike would try to fill any last-minute vacancy that might arise with a recess appointment.

The GOP opposed this, of course. Hypocrisy goes two ways. But the majority won.

As it should this time.

http://www.americanthinker.com/blog/2016/02/dems_in_senate_passed_a_resolution_in1960_against_election_year_supreme_court_appointments.html

S.RES. 334. EXPRESSING THE SENSE OF THE SENATE THAT THE PRES. SHOULD NOT MAKE RECESS APPOINTMENTS TO THE SUPREME COURT, EXCEPT TO PREVENT OR END A BREAKDOWN IN THE ADMINISTRATION OF THE COURT’S BUSINESS. KEATING MOTION TO RECOMMIT TO JUDICARY COMM.