November 11, 2003

A Recess Appointment for Pickering?

See this report in The Hill. Larry Solum has blogged extensively about this possibility in the past and I expect he'll write about this again if the idea gains momentum. As a political matter, I think putting Pickering on the bench through a recess appointment would give the Democrats a good issue to run on with core Democratic voters.

UPDATE: As hoped, Larry Solum has responded with a thoughful post. See here I would just add regarding the Barnett proposal that it may be rational to threaten to do so, but Republicans won't do it. It would just give Democrats more fodder.

Posted by Rick Hasen at November 11, 2003 09:11 PM