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Is it time for congress to stay in session?

If congess does not stay in session we may have new members on the high court. We need the longest filibuster in US history. Looks like Mr toads wild ride is still going.
Will bushy appoint his supremes for christmas? No telling, but it maybe possible. Can bush appoint new members to the supreme court when congress is not in session?

The following url,  http://www.arches.uga.edu/~shaoming/ suggest it is possible.

New York University Law Review

October, 1985



NOTE



*702 TEMPORARY APPOINTMENTS TO THE FEDERAL JUDICIARY: ARTICLE 11 JUDGES?



Virginia L. Richands



Copyright 1985 by New York University Law Review; Virginia L. Richards



INTRODUCTION

The recess appointment clause of article II [FN1] of the Constitution authorizes the President to appoint temporary government officers, including federal judges, without prior Senate approval. These temporary appointments to the judiciary directly conflict with article III's explicit requirement that federal judges be given life tenure. [FN2] Notwithstanding the article III demand for a judiciary insulated from potential coercion by the executive and the legislature, the use of the recess appointment clause to appoint federal

judges has remained virtually unchallenged since.....