While Bush’s opponents howl that the Pickering recess appointment is an “unprecedented” “end-run” around the Senate, there is a long history of recess appointments to the federal bench, even to the Supreme Court. Presidents Reagan and Bush may not have done it, but Carter and Clinton did, the latter to seat a nominee, Roger Gregory, who had yet to win Senate confirmation due to narrow opposition.
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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