Trump Should Make a Recess Appointment to the Supreme Court
By Don Brown
https://www.americanthinker.com/art..._recess_appointment_to_the_supreme_court.html
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.
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.
The president would be within his constitutional authority to make the recess appointment, on October 12, assuming that the seat isn't yet filled and assuming the Senate does in fact recess on that day, for the final push of the election season.
The nation cannot wait.
The Democrats are apparently convinced that they cannot defeat Trump in a straight-up, traditional election — the kind of election where voters actually go to the polls, the hallmark of every presidential election in the nation's history, and the model that provides the best opportunity for ballot security.
Worried and concerned about the weak magnetism of the less than electrifying Joe Biden, the Democrats have lawyered up and are ready to go, all champing at the bit to fight for the presidency in the courts.
If the Senate chooses to go on recess on October 12, before making a permanent confirmation to fill the Ginsburg seat, the president should act.
After all, the presidential election may likely wind up in the hands of the Supreme Court, and a 4-4 tie would be a "supreme" recipe for disaster.