RANDY BARNETT'S PROPOSAL for mass recess appointments in response to Democratic filibustering on judicial nominations is getting serious play on the Hill, reports Larry Solum, who thinks we're in a "downward spiral of politicization" regarding the judiciary.
UPDATE: Randy Barnett replies that a wave of recess appointments might be what it takes to end the downward spiral.
I would have a conflict of interest on this -- I'd actually rather be a recess-appointment federal judge than a life-tenured one -- but I'm spared from that by the fact that nobody would appoint me. I'm pretty sure that my views are equally unpalatable to both Republican and Democratic administrations.
