Judicial Recess Appointments: A Survey of the Arguments
January 9, 2004Stuart Buck, James C. Ho, Brett H. McGurk, Tara Ross, Kannon K. Shanmugam
This paper considers the President’s power to make recess appointments to the federal judiciary. Part I details the long history of judicial recess appointments. Part II considers the arguments in favor of, and against, the constitutionality of such appointments. Part III discusses the mechanics of recess appointments. And Part IV considers the political advantages and disadvantages of such appointments.