Number: RL32971
Title: Judicial Recess Appointments: A Legal Overview
Authors: T.J. Halstead, American Law Division 
Abstract: While the President's exercise of the recess appointment power in any context may give rise to controversy, the use of the Recess Appointments Clause to appoint judges to temporary positions on Article III courts can be particularly politically contentious. Presidents have made over 300 recess appointments to the federal judiciary, including twelve to the Supreme Court, since the first Administration of George Washington. The practice of making such appointments lessened considerably after the Eisenhower Administration, with only four judicial recess appointments having occurred since 1960. Despite the controversy attendant to judicial recess appointments, the President's authority to make such appointments has been challenged only in a handful of instances, with the most recent litigation arising from President George W. Bush's recess appointment of William H. Pryor to the Court of Appeals for the Eleventh Circuit on February 20, 2004. This report provides an overview of the legal and constitutional issues pertaining to the recess appointment of judges to Article III courts, with a particular focus on the proceedings involving the appointment of Judge Pryor.
Pages: 15
Date: June 30, 2005