Filibusters and recess appointments weaponize judicial confirmation procedures

Evidence

With Congress adjourned in January 2004, President Bush appointed Judge Pickering to the appeals court as a “recess appointment,” meaning that the appointment would lapse if the Senate failed to confirm Pickering in 2004. To Tom Daschle, the Senate Democratic leader, the recess appointment showed that “the president has no interest in working in a bipartisan manner to appoint moderate judges who will uphold the law.” To the White House, on the other hand, the recess appointment simply prevented a small minority in the Senate from using “unprecedented obstructionist tactics” to block a Senate vote. In fact, the Senate did not confirm Judge Pickering in 2004, creating a vacancy to be filled by President Bush in his second term of office. — G. Alan Tarr, Judicial Process and Judicial…, 513

Categorization

• XREF: connects to: Interest groups increasingly influence federal appeals court nominations — G. Alan Tarr, Judicial Process and Judicial…, 514; Divided government and partisan payback slash judicial confirmation rates, leaving many vacancies. — G. Alan Tarr, Judicial Process and Judicial…, 688; Congress weaponizes new judgeship creation to favor the appointing president’s party — G. Alan Tarr, Judicial Process and Judicial…, 462 (+4 more)

Broader Connections

• Divided government and partisan payback slash judicial confirmation rates, leaving many vacancies. #complicates (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 688