[deport]

The only real alternative I ever heard to this mess was recess appointments. It's an obvious choice, and one I don't really understand why it wasn't used.

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Good point but you make the best one when you say "I don't understand why it wasn't used". We may never know but there are several possible reasons...

• Estrada may not have wanted a temporary appointment that had no guarantee of being approved at a later date.

• It's presumptious to ask him to work for no salary if he's never confirmed..

• There is debate among legal scholars about the legitimacy of a recess appointee and their rulings...

There have been over 300 recess appointments since the country was founded and 11 or so were to the Supreme Court, but they have been decreasing in frequency since Eisenhower....

President Reagan and President GHW Bush made no recess appointments.... President Clinton made only one on Dec. 27, 2000 in the final days of the Clinton administration of Roger Gregory to the 4th Circuit which President Bush renominated this year when his appt was up and he was confirmed.

[deport]

Lessons of the Estrada Defeat
Legal Theory Blog ^ | September 4, 2003 | Prof. Lawrence Solum


Posted on 09/04/2003 5:47 PM CDT by pogo101


Withdrawal: What Does Estrada's Decision Mean?