Seems pointless to do them!!
Now ... if the Dems still control the Senate in 2003, it might make sense for Pres. Bush to wait for the first recess (February?), and fill all open seats with very very very conservative people who might even be willing to do some "judicial activism" from the Right. Then Bush can renominate the more "temperate" people of the likes he has already nominated, those who promise not to engage in judicial activism. And as long as the Senate delays confirming the replacements, the "extremists" stay in power.
Of course, all the recess appointments would expire in January 2005.
Mike
Actually the Senate is in a "conditional" recess.
They are having "pro forma" sessions every three business days.
I believe this means that Bush cannot make recess appointments.
Yes! This topic, and its futility, has been discussed here ad nauseum. So I'll repeat it again:
Recess appointments EXPIRE when the next Congress goes into session. Therefore, any recess appointments done in November or December will expire on Jan 6, 2003.
No judges would have the opportunity to do anything during this period if all the trial lawyers are aware that they will be kicked out of their jobs on January 6. All the lawyers have to do is get continuance of their cases. What idiots would accept a 1 1/2 month appointment under those terms?