Recess Appointments of Federal Judges

Publication Date: September 2001

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice

Type:

Abstract:

On December 27, 2000, President Bill Clinton used his recess appointment power to place Roger L. Gregory on the Fourth Circuit. The Constitution provides that such appointments "shall expire at the End of their next Session" (in this case, at the end of 2001). 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.