Recess appointment

A recess appointment is an appointment, by the President of the United States, of a senior federal official to fill a vacant federal court seat while the United States Senate is in recess. Recess appointments are authorized by Article II, Section 2 of the U.S. Constitution, which states: "The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." This means that, although the U.S. Constitution requires that most senior federal officers be confirmed by the Senate before assuming office, while the U.S. Senate is in recess the President holds nomination power. Generally, a judge who is serving on a recess appointment will be officially nominated during the Senate's next session, and continue service uninterrupted. Rarely, this nomination will be rejected by the Senate, and the judge's service will be ended after a very brief term.