Quote Originally Posted by RandBlade View Post
Well that's why I asked, I suspect LittleFuzzy and maybe others would have a more educated guess than I would.

The filibuster rule has been said to be under discussion for as long as I can remember. Can SCOTUS justices be appointed by recess appointments? (I don't know the answer)
It's appearantly not usual, but it has been done.

The reason why the discussion about the filibuster is more relevant at this moment than at other moments is that the Senate can decide to modify it with a simple majority when it comes back to session. I don't think I have to point out that the Democrats are really fed up with the procedural terrorism of the GOP in the Senate.