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To: kingu

>> Everything I’ve read said that a recess appointment is not possible for SCOTUS <<

I think you’re wrong. Please cite chapter and verse.

And by the way, Prez Bush successfully made a recess appointment for Judge Charles Pickering, who then served for a year or so on the Fifth Circuit Court of Appeals.

Therefore, precedent shows that the Judicial Branch of the federal government is subject to the same constitutional provisions on recess appointments as is the executive branch. The constitution doesn’t differentiate between the two branches.

Moreover, any attempt by statute to carve out a special status on recess appointments for the SCOTUS would surely be struck down as extra-constitutional.


645 posted on 02/13/2016 3:16:08 PM PST by Hawthorn
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To: Hawthorn

William J. Brennan, Earl Warren, and Potter Stewart were all (originally) recess appointments by Eisenhower.

This one will go to the voters in November.


677 posted on 02/13/2016 3:20:45 PM PST by Jim Noble (I won't be laughing at the lies when I'm gone, and I won't question what or when or why when I'm gon)
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To: Hawthorn

There have been 12 recess appointments to the Supreme Court, of whom 11 were subsequently confirmed.


1,186 posted on 02/13/2016 10:07:34 PM PST by TBP (0bama lies, Granny dies.)
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