Shoe is on the other foot now

WP– 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 SCOTUS 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.

5 Comments on Shoe is on the other foot now

  1. And as we all know, Senate resolutions have the same legal authority and force of law as the rules of…refresh my memory, here. What was that organization whose members were called “Mouseketeers”…?


  2. Vietvet, that would be the GOP-e, also RINO’s. Fret not, John McCain has already come out to have Obama appoint a new justice.

  3. Obamster can do a ‘recess appointment’ when the Senate is out of session. When the Senate resides the ‘recess appointment’ is over. The Senate can confirm the appointment, but (hopefully) not likely.
    As for the Supreme Court needing 9 judges, the Congress set this in 1869 as one Supreme Court judge for every appellate court. Congress can just as easily change it …. they have the power (if they have the cajones to use it). In US history there have been as few as 6 judges and as many as 10 judges sitting at one time.
    All that is required for a quorum in the Supreme Court is 6 judges, set in the Judicial Act of 1789 (I think). So Obamster & the demonRATs haven’t much of an argument there. Franklin Roosevelt tried to get Congress to change the amount of judges to 15 & make it mandatory that judges retire at 70. The Republicans & enough demonRATs (some tended to still love the US in those days) in Congress declined (thank God).
    Obamster, the demonRATs & the media (but I repeat myself) are going to be howling that the country will be ‘in crisis’ without that 9th judge. Hopefully, the republicans grow a spine & put their balls in a freezer to harden them. I saw Hitlery on tv news today already in shreek-mode.
    btw, Ted Cruz is on the Judiciary Committee in the Senate (9 demonRATs, 11 republicans). So is Little Nutsack Lindsey Gramnesty (who is totally controlled by Quisling McCain; Lindsey can’t talk unless McCain has his hand firmly shoved up Lindsey’s ass, all the way up to Lindsey’s mouth)
    …. & giving the republicans history of siding with the enemy (Arlen Spector over Robert Bork) I’m not getting a warm, fuzzy feeling

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