Number: 98-510
Title: Judicial Nominations by President Clinton During the 103rd-106th Congresses
Authors: Denis Steven Rutkus, Government Division 
Abstract: The focus of this report is appointments through the process of presidential nomination and Senate confirmation. Historically, on rare occasions, appointments to these courts also have been made without submitting a nomination to the Senate. This may occur when a President exercises his constitutional power to make "recess appointments." Specifically, Article II, Section 2, Clause 3 of the U.S. Constitution empowers the President "to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." During his presidency, Clinton made three judicial "recess appointments"-one to the U.S. Court of Appeals for the Fourth Circuit, in December 2000, and the two others to the U.S. Court of Federal Claims. The last prior President to make a judicial "recess appointment" was Ronald Reagan, who did so once during his tenure in office.
Pages: 40
Date: September 20, 2006