Suggestion...the president should fill ALL vacancies with recess appointments now

[Ken Burch]

And then just keep re-appointing people via recess appointments for the duration of the administration.

If there's some rule that the SAME people can't be re-appointed, bring in other people like them.

If the 'pugs are going to use the confirmation process to overturn the 2008 election, then there's no longer any reason for the admin to show any respect to that process.

We can end-run 'em on this. We can take away a BIG chunk of the 'pugs power.

Even the "swing voters" would be with us on this(none of them wanted transition vacancies held open THIS long)

There's no reason NOT to do it.

[xultar]

1. If he doesn't we are through and nothing can be helped. The gig is up and we lost

[Rowdyboy]

2. I doubt he'll get another federal judge confirmed until after 2012....

Thats the price you pay for "reaching out"

[Ken Burch]

3. Yet another reason to use the approach I've outlined in the OPRe

Recess appoint, then reappoint, then reappoint(repeat as needed).

Take the veto out of their hands.

[Rowdyboy]

5. But federal judgeships are life-time appointments...any recess appointment

would end the next time a Republican wins the presidency-which is starting to look like a distinct possibility.

[onenote]

7. recess appointments terminate at the end of the next session of congress

So a Judge that takes office via a recess appointment at the end of 2010 (during the Congressional recess) would only serve until the end of 2011 unless he/she was confirmed for a lifetime appointment prior to that time.

Over 300 judges have been appointed to the federal judiciary via recess appointments, with most being confirmed for lifetime tenure. Interestingly, while the practice has historical precedent, there were no judicial recess appointment between 1980 and 2000, when Bill Clinton used his recess appointment power to put Roger Gregory on the bench. Before leaving office in January 2001, Clinton renominated Gregory, but bush withdrew the nomination. After some negotiating, bush ended reinstating the nomination and Gregory ultimately was confirmed for lifetime tenure in 2001. Bush used the recess appointment power to name two judges -- pryor and pickering. pryor ultmiately was confirmed as part of the gang of 14 agreement. Pickering was not and left the bench when his recess appointment ended.

As an initial matter, I do not believe that all Obama judicial nominations will be blocked for the next two years. Some number, however, will be slowed down or blocked. It is unlikely, however, that Obama will make widespread use (as opposed to selective use) of the recess appointment power to fill judicial vacancies or, for that matter, to fill other positions. Having someone in place, whether as a judge or as a high level department or agency official, knowing that they would have to leave after a year or so is disruptive if done on a large scale.

I do think we'll continue to see Obama use the recess appointment power. But I don't think we'll see it used in the way suggested by the OP.

[Ken Burch]

10. Well, it might create an interesting situation of circulating a lot of new blood

through the federal bench, thus giving a lot of people resume experience the next time Dems actually won a confirmation-sized majority in the Senate.

Or it would create a lot more grass-roots type appointments, where people might be brought in from, say "community activist" level, sit on the bench for a few years, and then circulate back to the activist world, with greater practical experience to apply.

[damonm]

4. AH, but you forget...

recess appointments, along with deficit spending, maital infidelity, judicial activism, etc. are IOOKIYAR - "It's Only OK If You're A Republican"...

[Freddie Stubbs]

6. He can't now, as Congress is not in recess

[Ken Burch]

11. I meant as soon as they go into recess to campaign

which will be any day now, of course.

[Phx_Dem]

8. Absolutely. Enough is enough. And if anyone doesn't like it,

the President should tell them to shove it up their ass (or have Rahm say it for him).

[AtomicKitten]

9. I agree. Just do it. nt

[ShadowLiberal]

12. Not positive, but I thought recess appointments only last till the next congress starts?

Maybe I'm wrong?

But if it would expire that soon it wouldn't really be worth all that much.

[Ken Burch]

13. It lasts 'til the end of the next session.

Which, at least with the National Labor Realations Board, would make a huge difference.

At the end of THAT session, Obama could either re-appoint the recess appointees until the end of the session AFTER that, or appoint someone else like them.

This could bring younger people into the appointment cycle, as well as those who were less tied to the insider culture.