There is no such thing as a “recess” “appointment” of a Supreme Court justice. The Justices are NOT “appointed”, they are first nominated, requiring the approval of the Senate, and NOT a simple majority. Per our Constitution.
If it’s to be followed as....sworn.
If... anyone will follow the law.
If... any in Congress or Executive understands the People’s great revolt that would occur if this proviso of our Constitution was to be ignored- because the media whores say it should.
George Washington appointed South Carolina judge John Rutledge as Chief Justice of the United States during a congressional recess in 1795. Rutledge was already an Associate Justice.
New Jersey judge William J. Brennan was appointed to the Supreme Court by President Dwight D. Eisenhower in 1956 through a recess appointment. This was done in part with an eye on the presidential campaign that year; Eisenhower was running for reelection, and his advisors thought it would be politically advantageous to place a northeastern Catholic on the court. Brennan was promptly confirmed when the Senate came back into session.
-PJ
John Rutledge was a recess appointment, served for several months and was rejected by the Senate.
http://freerepublic.com/focus/news/3397153/posts?page=16#16