Under the Recess Appointments Clause of the Constitution of the United States, "[the President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session, (US. Const. Article II, Section 2, Clause 3.). Several leaders of the Senate have manifested an unwillingness to approve any nominee to fill the vacancy left by Antonin Scalia. However, since the Senate is currently in recess for the next two weeks, the President has the authority to make a recess appointment. The President should make such an appointment to ensure partisan gridlock does not interfere with the functionality and composition of the Court.



