Federal Courts and Nominations

CAC Prez Has Solution to Judicial Nomination Holdups: Recess Appointments


The president of a liberal advocacy group has a solution to President Obama’s stalled judicial nominations: recess appointments.

In an article in Slate magazine, Doug Kendall criticizes Senate Republicans for the holdup, saying they have “managed to invent controversy even about nominees who were expected to sail through.”

Kendall, the president and founder of the Constitutional Accountability Center, writes that President Obama’s nominees are on the whole older and more centrist than his progressive supporters would like, but the GOP has still dragged its feet. As a result, nearly one in eight judgeships are open, resulting in declarations of 49 judicial emergencies.

“If the Senate continues to block his nominees in mass, he should consider making recess appointments to fill vacancies in at least some seats that have been declared judicial emergencies,” Kendall says. He make the suggestions as part of a “Plan B” for the president.

Under the Constitution, the appointments would expire at the end of the next session of Congress, which can be from one to two years from the time of the appointment, Kendall says. “Republicans would squawk and threaten to block permanent Senate confirmation for the recess appointees. But on this one, the administration would almost certainly have public support,” he says.

To read the article in ABA Journalclick here

More from Federal Courts and Nominations

Federal Courts and Nominations
January 17, 2024

The Leadership Conference on Civil and Human Rights Sign-On Letter Prioritizing Diverse Judges

Dear Senator, On behalf of The Leadership Conference on Civil and Human Rights and the...
Federal Courts and Nominations
July 31, 2023

Liberal justices earn praise for ‘independence’ on Supreme Court, but Thomas truly stands alone, expert says

Fox News
Some democrats compare Justice Clarence Thomas to ‘Uncle Tom’ and house slave in ‘Django Unchained’
By: Elizabeth B. Wydra, By Brianna Herlihy
Federal Courts and Nominations
July 7, 2023

In Her First Term, Justice Ketanji Brown Jackson ‘Came to Play’

The New York Times
From her first week on the Supreme Court bench in October to the final day...
By: Elizabeth B. Wydra, by Adam Liptak
Federal Courts and Nominations
July 8, 2023

The Supreme Court’s continuing march to the right

Major legal rulings that dismantled the use of race in college admissions, undermined protections for...
By: Elizabeth B. Wydra, by Tierney Sneed
Federal Courts and Nominations
June 25, 2023

Federal judge defends Clarence Thomas in new book, rejects ‘pot shots’ at Supreme Court

A federal appeals court judge previously on short lists for the Supreme Court is taking the rare...
By: Elizabeth B. Wydra
Federal Courts and Nominations
May 1, 2023

Supreme Court, done with arguments, turns to decisions

Roll Call
The justices have released opinions at a slow rate this term, and many of the...
By: Brianne J. Gorod, By Michael Macagnone