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Recess Appointments of Federal Judges (CRS Report for Congress)

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Release Date Sept. 5, 2001
Report Number RL31112
Report Type Report
Authors Louis Fisher, Government and Finance Division
Source Agency Congressional Research Service
Summary:

On December 17, 2000, President Clinton used his recess appointment power to place Roger L. Gregory on the Fourth Circuit. This was the first time since President Carter that the recess appointment procedure had been used to select someone to an Article III judgeship, which provides for life tenure and no diminution of salary. The appointment of Gregory raised questions about the meaning of the Recess Clause, Senate prerogatives, and the opportunity of a litigant in federal court to have a case handled by a judge with full independence. On July 20, the Senate confirmed Judge Gregory to a life term.