The Corner

Pryor Battle in Court?

Howard Bashman discusses the prospects of a legal challenge to William Pryor’s recess appointment to the U.S. Court of Appeals for the Eleventh Circuit (see also here). While, as Bashman notes, there are serious textual arguments that recess appointments of judges are unconstitutional, I would be shocked if a federal appellate court were ever to make such a ruling. Like it or not, the practice of recess judicial appointments is well-established and goes back decades. There have even been recess appointments to the Supreme Court.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.

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