George Bush has made over 170 recess appointments since occupying the White House. The most recent, Sam Fox, was appointed Ambassador to Belgium in April, after it became clear that he would never be approved by the Senate. While others have used this power more than Bush has, no one has done more damage with it.
Ambassadorships given to wealthy donors are not what makes the power of recess appointments so dangerous. In fact, Bush has made fewer of these appointments than Ronald Reagan, and not many more than Bill Clinton.
But those he HAS made, such as John Bolton, have done the kind of real damage that he intended them to do. In the hands of someone who has nothing more to lose politically, recess appointments can become political "weapons of mass destruction" - with the Constitution being their primary target.
Between now and January 2009, the Senate is likely to go into recess several times. It has always done so, and its members don't seem interested in changing that habit. But Harry Reid has already indicated that, to prevent George Bush from making more right-wing appointments to a Judiciary already packed by the right wing, he may keep the Senate in permanent session.
If the Senate stays, even technically, in session until George Bush leaves office, Bush will not be able to make any recess appointments. With the recent decisions by the Roberts Court, and the possibility of a loss of even one of the remaining centrist-liberals on the Court, the stakes are too high for anything less than exceptional measures to prevent Bush from filling another vacancy - possibly a Supreme Court vacancy - through a recess appointment.
I have already asked both of my Senators, Frank Lautenberg and Bob Menendez, to encourage Harry Reid and the Democratic Committee Chairs to keep the Senate in permanent session until George Bush leaves the White House. I urge others to do the same.