was appointed to the Court with a recess appointment, albeit with consultation with the Senate leadership, because Cheif Justice Fred Vinson had passed away.

Eisenhower also appointed William Brennan as a recess appointment.

Both of them were confirmed by the entire Senate.

George Washington appointed John Rutledge as Chief Justice with a recess appointment, but he never became more than an acting Chief Justice because the Senate refused to confirm him, for among other reasons intermittent mental illness.