Yes! This topic, and its futility, has been discussed here ad nauseum. So I'll repeat it again:
Recess appointments EXPIRE when the next Congress goes into session. Therefore, any recess appointments done in November or December will expire on Jan 6, 2003.
No judges would have the opportunity to do anything during this period if all the trial lawyers are aware that they will be kicked out of their jobs on January 6. All the lawyers have to do is get continuance of their cases. What idiots would accept a 1 1/2 month appointment under those terms?
Oh, I might be willing to, if I were told that accepting it meant that I would be first in line for consideration for a recess appointment on the court concerned after the new session of Congress started.
By the way, does having been a federal judge for 1 1/2 months entitle you to assume the title "Judge"? (I think a lot of people might be willing to switch jobs for 1 1/2 months if it does.)