Lexington Books Justice Takes a Recess: Judicial Recess Appointments from George Washington to George W. Bush (After the Empire: The Francophone World & Postcolonial France)

Justice Takes a Recess examines why and under what circumstances presidents use the recess appointment power to appoint judges to the Federal courts. The authors show that the use of the recess power upsets the carefully calculated separation of powers envisioned by the Framers, shifting power away from one branch of government towards another. Review Graves and Howard provide an important contribution to the growing scholarship in the judicial appointments area.--Law and Politics Book Review, January 2010 Despite all the recent attention to judicial selection, recess appointments remained under the radar screen--until now. Justice Takes a Recess is not only a masterful treatment of this understudied topic, but also an excellent example of how to employ sophisticated social science data and methods to develop important policy implications.--Lee Epstein, Northwestern University School of Law In this first-rate study of recess appointments, Graves and Howard rigorously examine the use and implication of temporary appointments to the bench. Their analysis provides the first empirical demonstration that the job security ensured by Article III is indeed essential for ensuring judicial independence. This book should be essential reading for those who care about the judiciary and the health of our constitutional system.--Forrest Maltzman, George Washington University Leveraging impressive data and sophisticated methods, the authors rigorously address the interesting phenomenon of recess appointments to the federal courts. Anyone who cares about judicial appointments, the independence of the judicial branch, or the separation of powers in general will find this an important book.--Tom Hansford, University of California, Merced