Law professor Randy Barnett offers a strategy for combatting the Senate Democrats’ successful efforts to prevent the Senate from confirming President Bush’s conservative judicial nominees. The strategy, which has also been proposed by our hero Hugh Hewitt, is to use the power to make “recess-appointments.” Through this power, the president can fill vacancies on the bench until the end of the congressional session. Although the appointment is temporary, the judges can participate fully in opinion writing while they are on a given court, and thus can make a big difference. If necessary, new recess-appointments can be made next year.
Barnett is aware that the most promising candidates for judgeships will not want to take a recess-appointment because it confers a second-class status, and may make them unconfirmable in the future. However, he notes that there is a core of ideological conservatives and libertarians who, for various reasons, do not aspire to become permanent judges. Moreover, the mere (credible) threat to fill existing vacancies with a more conservative group of individuals than those President Bush has nominated might well break the log-jam in the Senate.
Most Read on Power Line
- Best. Supreme Court. Brief. Ever.
- More Proof That Liberals Are Humorless Losers
- As Obama Delays Obamacare Again, Julie Boonstra Strikes Back
- The Week in Pictures: Crimea River Edition
- Exclusive to Power Line: Koch Industries Responds to New York Times Smears
- Latest News on the Climate Change Collapse
Subscribe to Power Line by Email
Find us on Facebook
“Arise and take our stand for freedom as in the olden time.” Winston Churchill
“Proclaim Liberty throughout All the land unto All the Inhabitants Thereof.” Inscription on the Liberty Bell