That’s the subtitle of my new Confirmation Tales post on recess appointments of judges. I found the results of my research more interesting than I expected, and I hope you will too. I also explain the relevant law. From my opening:

Did you know that some 300 federal judges, including a dozen or so Supreme Court justices (the precise number is contested), have been recess-appointed? Are you curious to learn who was the only recess-appointed justice not to be subsequently confirmed? (Hint: He was a chief justice.) Did you know that Earl Warren delayed the conference vote on Brown v. Board of Education for three months until he had shed his status as a recess appointee?

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