Dershowitz believes Obama will not get away with a recess appointment to the Supreme Court.“Can’t do it. Can’t do it. A recess appointment won’t apply. Because the senate, A, has to be in recess and, B, it has to be a very short term appointment. Justice Brennan was appointed initially as a recess appointment because the person he succeeded died during the summer and the senate was not in session. But, he can’t do that now… he wouldn’t get away with that. I think the public wouldn’t hear that. “
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