Some additional color @ProfBrianKalt didn't cover: Lincoln & Eisenhower both had openings in October, but the Senate was out of session. Ike, with a D Senate, used a recess appointment. Lincoln made his appointment in the lame duck session in Dec as soon as the Senate arrived.https://twitter.com/scotusreporter/status/1307427141638914048 …
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I'm guessing you're right, but it's not like there was any precedent from which one could draw that conclusion.
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