Short Stories, Long Odds

I was all worried about Bush having to navigate appointment hearings if Rehnquist dies or steps down for health reasons.

I forgot about the possibility of recess appointment, which would apply since Congress is in recess.

Guess what a recess appointment doesn’t require? An approval process.

The US News and World Report is circulating an email which contains reporting about the Administrations current musings:

“Even though the U.S. Supreme Court has said Chief Justice William Rehnquist will return to the bench following cancer surgery, administration officials are quietly considering candidates to replace him and even the possibility of making a recess appointment. The officials said that they do not want to talk about the process publicly in the last week of the presidential campaign. However, one insider said that the West Wing is considering what would happen if the judge left the bench soon and if a close election next Tuesday meant an evenly split 4-4 court was to decide the winner. Such a situation would likely mean that a lower court’s ruling on an outcome would be final and officials are worried that it would go against the President.”

Slate explains how the recess appointment, an executive power, works. This has officially become my biggest fear. If the administration is talking about it, it is a definite possibility. I would say they wouldn’t have the balls to do this, but you know the punchline.