Assuming the Senate actually goes into recess, this seems like a good idea. We really do not want a Supreme Court tied 4-4 during election season. It does open things up to some legal risks; recess appointments have been challenged on various grounds and Congress has been less than willing to admit it is in recess in recent years, precisely to block such appointments. It would also risk reducing the urgency of a permanent confirmation vote.
But the payoff of a full court that can resolve election issues decisively may spare us from a terrible drawn-out election season of rioting and endlessly "discovered" ballots.
If the Senate does not promptly confirm Trump's nominee permanently, Trump should make the recess appointment so the court can function in the meantime.
This entry was published Sun Sep 27 02:28:25 CDT 2020 by TriggerFinger
and last updated 2020-09-27 02:28:25.0.