RECESS APPOINTMENT?.

[bemildred]

RECESS APPOINTMENT?....Just when you thought the various post-election legal nightmare scenarios couldn't get worse. U.S. News & World Report is emailing around some reporting that indicates the Bush White House may be considering a recess appointment (requiring no Senate approval, remember) to replace Chief Justice Rehnquist if he steps down for health reasons:

more

[Richardo]

1. I thought recess appointments were somehow temporary in nature...

I'll check.

[comsymp]

6. Right

Thought that they were only valid until the beginning of the next Congress?

ON EDIT: Looks like it would last for a year, anyway:

No, both are found in the Constitution in Article II, section 2. Clause 2 gives the Senate the power to advise and consent to nominations, while Clause 3 says:


The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

<snip>

Any recess appointment the President makes during the first session of a Congress will last until the end of its second session . Recess appointments made in the second session of a Congress would expire at the end of the first session of the next Congress. Once this time period has expired, an official would have to receive formal confirmation from the Senate in order to remain in office.

<more>
http://www.c-span.org/questions/week156.asp

[Richardo]

7. Yep. This from the Christian Science Monitor..

"Unlike nominees confirmed by the Senate, recess appointees hold their positions only until a new Senate session begins."

[nothingshocksmeanymore]

8. They are temporary...he can only appoint a recess appt while congress

isn't in session. There is also no law that there must be 9 SCJ's at all times...so he could do nothing (not likely, just sayin')

[ewagner]

2. That could happen.........

and I wouldn't be surprised in the least!!!

[truhavoc]

3. Is this really possible? n/t

[molly]

4. He hasn't resigned nor has he died

[freetobegay]

5. Won't fly

Any ways it would only be temporary.

[Not Me]

10. Any lame duck shenanigans would lessen the likelihood of

a gracious Kerry pardon of him.

[tomfodw]

9. Georgie doesn't do anything during recess but...

...steal lunch money from the other kids on the playground and pull the girls' pigtails.

[freetobegay]

11. And also don't forget

He also like to resd "the pet goat".

[loyalsister]

12. I thought this might be a headline to follow

As soon as I saw the article about Rehnquist, I alsmost expected to see this follow-up. In fact, this may be our October surprise.
I am cynical enough to believe that Rehnquist very well may have felt it was his patriotic duty to wait to seek treatment. I can't remember who the nightmare in waiting is. Anyone?

[wuushew]

13. The Dems in the Senate will not fillibuster the reappointment

the current makeup of the Senate is not one that would part with tradition in any ethical or progressive way. What I want to know is even without a recess appointment would a 4-4 SCOTUS be able to decide the outcome of Colorado's Amendment 36?



The strongest argument in favor of the constitutionality of recess appointments to the federal judiciary is the history of the practice. Presidents have made a total of 310 recess appointments to the federal judiciary since 1789, including eleven appointments to the U.S. Supreme Court. The Senate has confirmed 263 of these recess appointees to serve as Article III judges and has rejected only one Supreme Court recess appointee.

http://www.bipc.com/news.cfm?mode=article&article_id=492&practice_id=56

[freetobegay]

14. If SCOTUS is tied

The lower courts ruling stands.

ON EDIT: yes they would.

[wuushew]

15. Well that would be the 10th Circuit Court

I have no idea whether they are conservative or liberal in ideology. I don't know what other election related non-sense the SCOTUS could interfer in since the Bush v Gore case specifically rules out that being used a precedent.

[paulk]

16. He could do it

Eisenhower did it with Earl Warren. Of course, Eisenhower actually had a mandate... but that hasn't stopped the Chimp yet.