Recess appointments

[Neil Kinkopf]

the Attorney General has consistently taken the position that "the end of their next session" refers to the end of the session following the current one.  See, e.g., 41 Op. Att'y Gen. 463.  Thus, a recess appointment made last week would expire in January 2004.

>>> tushnet at LAW.GEORGETOWN.EDU 04/02/02 02:33PM >>>
I just received a press inquiry on the following question, and thought I
could confirm my judgment (which I'll conceal at this point, out of fear
of embarrassment) by inquiring of the list:  Art. II, sec. 2, cl. 3,
says that the president has the power to make recess appointments "which
shall expire at the End of their [the Senate's] next Session."  The
question is, with respect to a recess appointment made last week (the
FEC appointment, the Education Department appointment), when does "the
next Session" end?  January 2003, January 2004, or January 2005?