Page "Supreme Court of the United States" Paragraph 23

No president since Dwight Eisenhower has made a recess appointment to the Court, and the practice has become rare and controversial even in lower federal courts.

In 1960, after Eisenhower had made three such appointments, the Senate passed a " sense of the Senate " resolution that recess appointments to the Court should only be made in " unusual circumstances.

" Such resolutions are not legally binding but are an expression of Congress's views in the hope of guiding executive action.