[zendari]

Who says he can't? FIfteen Supreme Court justices were recess appointed. The last one was Potter Stewart in 1958.

Rather foolish to do so in the current environment. If the Democrats are able to stall, Obama Hussein might end up filling the vacancy with some leftist wacko when the recess appointment ends.

Depending on the timing of a 3rd vacancy, its possible Bush is going to have to nominate a Kennedyish type.

[evad]

Depending on the timing of a 3rd vacancy, its possible Bush is going to have to nominate a Kennedyish type.

He'd do better to leave it vacant and hope for a Pubbie Win in 2008.