Unsuccessful recess appointments to United States federal courts

In the history of the United States, there have been approximately thirty-two unsuccessful recess appointments to United States federal courts. Twenty two persons have been appointed to a United States federal court through a recess appointment, who were thereafter rejected by the United States Senate when their name was formally submitted in nomination, either by a vote rejecting the nominee, or by the failure of the Senate to act on the nomination. These individuals served as federal judges, having full authority to hold office and issue rulings, until their rejection by the Senate. Five individuals were appointed, but resigned the office either before the Senate voted on their nomination, or before a formal nomination was even submitted. Another five individuals were appointed, but were found to be unavailable to assume the office.

Article II, Section 2, Clause 3 of the United States Constitution states:

This language permits the President to make appointments that would normally require the advice and consent of the Senate without such approval. Even if the Senate votes to reject the nominee, that person may remain in the office to which they were appointed until the Senate adjourns its session.

John Rutledge, appointed by George Washington was the first recess appointment to be rejected by the Senate, and the only recess appointee to the Supreme Court of the United States to be rejected. Washington appointed Rutledge on July 1, 1795, but because of Rutledge's political views and occasional mental illness, the Senate rejected his nomination December 15, 1795. Rutledge subsequently attempted suicide, and then resigned on December 28, 1795. The 4th United States Congress remained in session until June 1, 1796, so Rutledge could have remained on the Court until then, but chose not to.

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