10262021Tue
Last updateThu, 25 Feb 2021 12pm
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In 1960 Senate Democrat hypocrites pass resolution against election-year Supreme Court recess appointments

This via David Bernstein at the Washington Post’s Volokh Conspiracy blog:

Thanks to a Volokh Conspiracy commenter, I discovered that in August 1960, the Democrat-controlled Senate passed a resolution, S.RES. 334, “Expressing the sense of the Senate that the president should not make recess appointments to the Supreme Court, except to prevent or end a breakdown in the administration of the Court’s business.”  Each of President Eisenhower’s Supreme Court appointments had initially been a recess appointment who was later confirmed by the Senate, and the Democrats were apparently concerned that Ike would try to fill any last-minute vacancy that might arise with a recess appointment. Not surprisingly, the Republicans objected, insisting that the Court should have a full complement of Justices at all times. Of course, the partisan arguments will be exactly the opposite this time.

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