Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: EDINVA
-- The article doesn't speak to any SCOTUS recess appointments that were ultimately successful. --

That's because the article is focused on and dedicated to the unsuccessful ones.

The list of recess appointments also includes those who were not rejected by the Senate. Those appointments are not listed in the article.

Eisenhower's Appointments

President Dwight D. Eisenhower placed three men on the Supreme Court after recesses by the Senate: Earl Warren, William J. Brennan, Jr., and Potter Stewart. Warren was appointed on a recess basis on October 2, 1953, Brennan on October 15, 1956, and Stewart on October 14, 1958. All three joined the Court and participated in decisions before the Senate had an opportunity to review their credentials. In each case the Senate later gave its advice and consent, but the experience convinced a number of Senators that the procedure was defective for the Senate as well as for the Court.

An article in the Stanford Law Review in 1957 reviewed previous recess appointments to the Supreme Court. Although nine such appointments occurred from 1791 to 1862, 91 years elapsed before the recess appointment of Earl Warren. Moreover, of the nine appointments, only two nominees (John Rutledge in 1795 and Benjamin Curtis in 1851) sat on the Court and participated in decisions before being nominated for a life term.

Recess Appointments of Federal Judges - CRS RL31112

54 posted on 11/14/2016 7:25:04 AM PST by Cboldt
[ Post Reply | Private Reply | To 49 | View Replies ]


To: Cboldt

“....Warren, Brennan and Stewart ...” Two horrific choices that the country is still paying for.

“President Eisenhower ... has been reputed to have said in 1958, “I have made two mistakes, and they are both sitting on the Supreme Court.” He was referring to Brennan and Chief Justice Earl Warren, whom he appointed in 1953.”


57 posted on 11/14/2016 7:59:41 AM PST by EDINVA
[ Post Reply | Private Reply | To 54 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson