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dhork ,

You need a recess in order to make a recess appointment, and both houses of Congress often keep a few legislators around the Capitol just to pound the gavel so the Senate never actually goes into recess.

And in regards to judicial appointments, Harry Reid killed its use for judicial appointments when the Republicans in the minority during Obama’s time in office filibustered everything. Reid kept it in place for SC justices, though. Mitch removed it for SC justices, too, when Democrats started making noise about filibustering Gorsuch.

And that’s the weird thing about the Fillibuster. It institutes a 60 vote threshold to get most things done, but it was always just a Senate rule and Senate rules are set by a simple majority. It can go away tomorrow if 51 Senators agree to get rid of it.

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