[aposiopetic]

Stevens said it would be a mistake to assume the move constituted a decision on the merits of whether Bush has the constitutional authority to fill future judicial vacancies, including Supreme Court vacancies, with appointments made during such short recesses.

What part of the following excerpt from Article II of the Constitution (emphasis supplied) is so hard for the robe-wearers to understand?

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Next from the Supremes (with homage to Clinton): 'all' does not mean 'all'.

Give me a break....

[CFC__VRWC]

Stevens said it would be a mistake to assume the move constituted a decision on the merits of whether Bush has the constitutional authority to fill future judicial vacancies, including Supreme Court vacancies, with appointments made during such short recesses.

Basically, Stevens is telling these guys that their brief isn't good enough to convince O'Connor and/or Kennedy to side with them and rule that Presdient Bush cannot make recess appointments, and that they should try again. IOW, they got a mulligan.

[DollarCoins]

Exactly, this is getting carried away

[Sandy]

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Next from the Supremes (with homage to Clinton): 'all' does not mean 'all'.

The argument isn't about the meaning of 'all'. It's about the meanings of Recess and Session. The text indicates that Recesses happen between Sessions, and that the appointments then last only until the end of the next Session. Go figure.

[newzjunkey]

It's Stevens... you would expect him to thing "all" actually means "all"? I swear we need a reading comprehension test before SCOTUS appointments are made.