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make a recess appointment to replace Justice Antonin Scalia, since President Eisenhower established a precedent in 1958.

Created by T.G. on February 14, 2016

In 1958, President Eisenhower used a recess appointed to seat Potter Stewart on the Supreme Court - setting a precedent that President Obama use to guide the future of our nation.

Harold Hitz Burton resigned from the Court due to ill health on October 13, 1958. Five days later, on October 18, 1958, Eisenhower used a recess appointment to seat Potter Stewart on the Court.

Stewart was formally nominated on January 17, 1959 and was confirmed by the United States Senate on May 5, 1959 by a vote of 70-17.

https://en.wikipedia.org/wiki/Dwight_D._Eisenhower_Supreme_Court_candidates

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