[New Jersey Realist]

Please get your facts straight on this. The U.S. Senate is NOT in recess.

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You are right. The President used the Vacancy Reform Act which gives him 210 days before confirmation. Nothing illegal about it.

[Alberta's Child]

There's nothing illegal about it, but it almost certainly is unconstitutional.

That's why the complaints about the appointment have been so muted -- and they've come almost entirely from lawyers and think-tank types outside of government.

What's Chuck Schumer or Nancy Pelosi going to do -- complain about a vacancy appointment that's been done under an unconstitutional law that they both voted for in 1998? LOL.