The United States Constitution, at Article II, Section 2, Clause 3, provides that [t]he President shall have Power 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."
In other words, the Constitution allows the president to make recess appointments, which are temporary, but effective, while the Senate is in recess.
This includes the power to make recess appointments to the Supreme Court.
Why is there a need to do this?
Because this presidential election is a litigation fiasco waiting to happen, creating a compelling reason for a recess appointment, followed by permanent confirmation of the recess appointee. The Supreme Court does not need to be divided four-four on matters that might adjudicate a presidential election, not for one second longer than it needs to be.
Remember Bush v. Gore?
Well, 2020 is about to make 2000 look like a game of pattycake. This time, the Democrats seek a litigious game of "pin the tale on the donkey," hoping that at the end of the day, some federal court will pin the presidency upon their stumbling, blinded candidate, boosted by their constantly changing election rules and their unverifiable mail-in voting schemes full of the potential for fraud, mistakes, and inaccuracy.
But does history support such a move — a recess appointment to the Supreme Court?
You bet it does.
A dozen times, presidents have made recess appointments of justices to the Supreme Court prior to Senate confirmation. Eleven out of twelve of those recess-appointed justices were ultimately confirmed by the Senate. Recess appointments have been made by some of the most revered presidents of the ages.
If President Trump makes a recess appointment this October, say, of Seventh Circuit judge Amy Coney Barrett, he would join the ranks of presidential giants like George Washington, John Adams, Thomas Jefferson, Abraham Lincoln, and Dwight David Eisenhower. Three of those guys made it to Mount Rushmore, and all made recess appointments to the Supreme Court, ahead of Senate confirmation.
read more here: https://www.americanthinker.com/articles/2020/09/trump_should_make_a_recess_appointment_to_the_supreme_court.html
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