# A question about selecting SCotUS justices **URL:** \ **Category:** Factual Questions\ **Created:** [August 28, 2008, 10:50pm UTC](https://boards.straightdope.com/t/a-question-about-selecting-scotus-justices/461615 "2008-08-28T22:50:09Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![Sampiro](https://avatars.discourse-cdn.com/v4/letter/s/2acd7d/32.png) [@Sampiro](https://boards.straightdope.com/u/Sampiro)\ **Post date:** [August 28, 2008, 10:50pm UTC](https://boards.straightdope.com/t/a-question-about-selecting-scotus-justices/461615/1 "2008-08-28T22:50:09Z")
Suppose Obama is elected in November. Then suppose that a SCotUS justice dies or retires in December. Will (lame duck) Bush or incumbent (and Democrat) Obama have the right to appoint their replacement? ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [August 28, 2008, 11:02pm UTC](https://boards.straightdope.com/t/a-question-about-selecting-scotus-justices/461615/2 "2008-08-28T23:02:05Z")
Moot point. Bush is still Prez, so it goes to him. But Congress would just stall until after Jan. 20. In fact, as near as I can read their schedule, Congress won’t even be _in session_ until Jan. 15. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [August 28, 2008, 11:03pm UTC](https://boards.straightdope.com/t/a-question-about-selecting-scotus-justices/461615/3 "2008-08-28T23:03:23Z")
Bush would have the right to try. He’s in full power until he’s gone. But I think the Senate would be unlikely to move swiftly on the nomination. He could try a recess appointment, but I think that would be unlikely too. ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [August 28, 2008, 11:09pm UTC](https://boards.straightdope.com/t/a-question-about-selecting-scotus-justices/461615/4 "2008-08-28T23:09:30Z")
[QUOTE=Procrustus] Bush would have the right to try. He’s in full power until he’s gone. But I think the Senate would be unlikely to move swiftly on the nomination. He could try a recess appointment, but I think that would be unlikely too. [/QUOTE] Even if he did the justice would only serve less than a month before his appointment expired. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [August 28, 2008, 11:10pm UTC](https://boards.straightdope.com/t/a-question-about-selecting-scotus-justices/461615/5 "2008-08-28T23:10:22Z")
[QUOTE=alphaboi867] Even if he did the justice would only serve less than a month before his appointment expired. [/QUOTE] SCOTUS appointments don’t “expire.” ---
**Author:** ![Antinor01](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@Antinor01](https://boards.straightdope.com/u/Antinor01)\ **Post date:** [August 28, 2008, 11:20pm UTC](https://boards.straightdope.com/t/a-question-about-selecting-scotus-justices/461615/6 "2008-08-28T23:20:46Z")
[QUOTE=silenus] SCOTUS appointments don’t “expire.” [/QUOTE] Recess appointments do. ---
**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\ **Post date:** [August 28, 2008, 11:43pm UTC](https://boards.straightdope.com/t/a-question-about-selecting-scotus-justices/461615/7 "2008-08-28T23:43:26Z")
[QUOTE=Antinor01] Recess appointments do. [/QUOTE] But it should be noted that they expire not when the new President shows up, but when the next session of Congress (specifically, the Senate) comes to a conclusion. Thus, the recess appointment usually lasts about a year. ---
**Author:** ![Polycarp](https://avatars.discourse-cdn.com/v4/letter/p/82dd89/32.png) [@Polycarp](https://boards.straightdope.com/u/Polycarp)\ **Post date:** [August 28, 2008, 11:51pm UTC](https://boards.straightdope.com/t/a-question-about-selecting-scotus-justices/461615/8 "2008-08-28T23:51:08Z")
[QUOTE=silenus] SCOTUS appointments don’t “expire.” [/QUOTE] Amplifying **Antinor** ’s point: For any appointment for which the President’s nominee would require confirmation by the Senate, an appointment made without the Senate’s advice and consent while they are in recess is valid only until (a) confirmed by the Senate when it reconvenes, (b) the nomination and confirmation of a replacement, or (c) the end of the current Senate session, whichever comes first. It doesn’t matter if the nominated-and-confirmed normal appointment’s term is for good behavior, a fixed number of years, or at the pleasure of the President; the above holds for any recess appointment. Cite: Somewhere in the Constitution, I think Senate powers in Article I. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [August 29, 2008, 12:17am UTC](https://boards.straightdope.com/t/a-question-about-selecting-scotus-justices/461615/9 "2008-08-29T00:17:43Z")
Article II, Section 2 if you want to be precise.