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UNITED STATES v. WOODLEY

No. 82-1028.

751 F.2d 1008 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Janet WOODLEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 14, 1985.

Attorney(s) appearing for the Case

Pamela Berman, Honolulu, Hawaii, for plaintiff-appellee.

Robert Erickson, Dept. of Justice, Washington, D.C., for defendant-appellant.

Before BROWNING, Chief Judge, SNEED, SKOPIL, FLETCHER, FARRIS, ALARCON, POOLE, FERGUSON, NORRIS, REINHARDT, and BEEZER, Circuit Judges.

Argued and Submitted En Banc August 16, 1984.

BEEZER, Circuit Judge:

We take this case en banc to address the constitutionality of a practice followed by the Executive for nearly 200 years. The question before us is whether the President of the United States may constitutionally confer temporary federal judicial commissions during a recess of the Senate pursuant to article II, section 2 of the Constitution.

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