[nyconse]

The problem with recess appointments is that judges could be forced off the bench in the middle of important cases. Lawyers would try to delay cases to get judges perceived as unfriendly off the bench before a case is tried. It would be a nightmare. It is not what the framers of our constitution intended. The best case scenerio is that Democrats are punished so severely at the polls in 2004 for their behavior towards Estrada and other judicial nominees that their members will not even consider filibustering judges despite Daschle, Leahy et al.

[aristeides]

Lawyers would try to delay cases to get judges perceived as unfriendly off the bench before a case is tried.

Would that tactic work if there is a de facto practice of presidents reappointing recess-appointment judges to new terms? Isn't that what happens with (termed) Tax Court and bankruptcy judges today?