Merrick Garland is the current nominee of a democratically elected president to fill the vacancy on the Supreme Court. Recess appointments are routine: the most recess appointments were made by President Ronald Reagan (232 judges) followed by President George W. Bush (171). Earl Warren was appointed Chief Justice with a recess appointment, William Brennan was a recess appointment during an election year (1956) and potter Stewart was also a recess appointed Justice. We the undersigned urge President Obama to exercise his constitutional authority and legal right to appoint Merrick Garland as Justice with a recess appointment.
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