Question

The president has nominated a new federal judge, but the Senate has not yet approved the appointment. It seems unlikely that the Senate will vote to confirm the new judge. When the Senate goes on a holiday break, the president appoints the judge without the Senate's approval.

Answer 1

Answer: President should not be able to take such action

Step-by-step explanation:

The United States Constitution provides for the Separation of Powers and Checks and Balances amongst the three branches of the Federal Government so that one branch will not have unchecked power. One instance of this is the appointment of a Supreme Court Justice.

For a person to be appointed as a Supreme Court Justice, the president needs to nominate them for the role. Once they are nominated they are then vetted by the Senate to ensure that they are a good fit for this very important role. The Senate will then vote on the appointment and the person can become a Supreme Court Justice by a majority of votes.

It is therefore not possible that the president can appoint the Judge in this question as a Supreme Court Justice without the approval of the Senate. This breaches the Separation of Powers principle and so will not stand.