Replies

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.

I guess they have to wait till Sandy Berger removes the Constitution from the National Archives and makes the following (28th?) amendment:

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

The liberal democrat 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. No conservative President shall have any power to fill any judicial vacancy at any time.

This is more what they'd have in mind for an amendmant.