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To: mrsmith
I assume they've got to go into recess before the new Congress starts in January, if not before then. So then will be the opportunity to make recess appointments.
21 posted on 11/04/2002 3:10:38 PM PST by aristeides
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To: aristeides
I don't think "they've got to" though they traditionally take a long Christmas recess.

The significant point seems to be whether the senate is available to perform it's "advise and consent" function.
That depends to some (undetermined as far as I can find) extent on the length of the recess. The shortest recess anyone seems to have argued justified recess appointments is three days.

There are a lot of rules and arcana on this.
A pdf file on the web is "Recess Appointments of Federal Judges" by the CRS on September 5, 2001. Sorry I can't give a link but it should be easy to find using the title.

26 posted on 11/04/2002 3:52:45 PM PST by mrsmith
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