trick or treat?

RECESS APPOINTMENT?….Just when you thought the various post-election legal nightmare scenarios couldn’t get worse. U.S. News & World Report is emailing around some reporting that indicates the Bush White House may be considering a recess appointment (requiring no Senate approval, remember) to replace Chief Justice Rehnquist if he steps down for health reasons:

“Even though the U.S. Supreme Court has said Chief Justice William Rehnquist will return to the bench following cancer surgery, administration officials are quietly considering candidates to replace him and even the possibility of making a recess appointment. The officials said that they do not want to talk about the process publicly in the last week of the presidential campaign. However, one insider said that the West Wing is considering what would happen if the judge left the bench soon and if a close election next Tuesday meant an evenly split 4-4 court was to decide the winner. Such a situation would likely mean that a lower court’s ruling on an outcome would be final and officials are worried that it would go against the President.”

Who says we’re a banana republic?