There’s been some talk on the cable news shows and some articles in the papers and on the web about Obama appointing Donald Berwick to be the Administrator of the Centers for Medicare and Medicaid Services during senate recess.

It is completely legit to do this as stated in Article II, Section 2 of the U.S. Constitution:

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

President George W. Bush made 171 recess appointments and President Bill Clinton made 139. Source: Congressional Research Service, Report# RS21308 (PDF)

Even the Great Falls Tribune editorial board chimed in with their thoughts on the matter in Sunday’s paper and sided with Senator Max Baucus (D-Mont) who came out against the recess appointment.

This angle by Baucus is kind of funny. We all know (or are told over and over by Baucus’ press people and the Montana media) that Max Baucus is “powerful” and chairs a “powerful” committee. Continue reading →