Judicial Recess Appointments: A Survey of the Arguments

This paper considers the President’s power to make recess appointments to the federal judiciary. Part I details the long history of judicial recess appointments. Part II considers the arguments in favor of, and against, the constitutionality of such appointments. Part III discusses the mechanics of recess appointments. And Part IV considers the political advantages and disadvantages of such appointments.

Click HERE for an addendum published in December 2007.

Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. We welcome responses to the views presented here. To join the debate, please email us at [email protected].