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Tag Archives: Recess Appointment


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Birth of Richard Busteed, Union Army General & U.S. Federal Judge

Richard Busteed, Union Army general during the American Civil War and United States federal judge, is born in County Cavan on February 16, 1822. Busteed comes first to Canada, then the United States with his family while a child. They settle in New York City.

Busteed reads law in 1846. He enters private practice in New York City from 1846 to 1856 and is Corporation Counsel for New York City from 1856 to 1859. He serves as a Captain in the United States Army in 1861, and a Brigadier General from 1862 to 1863, during the American Civil War.

Once when confronted with black men being thrown out of a white railroad car by the conductor, Busteed pulls his pistol and defends the black men allowing them to stay.

Busteed receives a recess appointment from President Abraham Lincoln on November 17, 1863, to a joint seat on the United States District Court for the Middle District of Alabama, the United States District Court for the Northern District of Alabama and the United States District Court for the Southern District of Alabama vacated by Judge George Washington Lane. He is nominated to the same position by President Lincoln on January 5, 1864. He is confirmed by the United States Senate on January 20, 1864, and receives his commission the same day. His service terminates on October 20, 1874, due to his resignation.

Alabamians generally consider Busteed corrupt and pro-Northern. In December 1867, he is shot on the street in Mobile, Alabama by United States Attorney Lucien V. B. Martin, who fires two more shots into him after he falls. Martin goes to Texas and is never prosecuted, while Busteed recovers rapidly.

Busteed is nominated by President Ulysses S. Grant to the Supreme Court of the District of Columbia (now the United States District Court for the District of Columbia) on January 13, 1873. At the same time, President Grant nominates Judge David Campbell Humphreys, an Alabama native serving on the Supreme Court of the District of Columbia, to assume Busteed’s seat, each nomination made contingent on the other’s resignation. The Senate returns the nominations to the President as irregular in form on February 13, 1873.

In 1873, Busteed is the subject of an impeachment inquiry by the United States House of Representatives Judiciary Committee. The Committee recommends his impeachment on charges of failing to maintain a residence in his judicial district, failing to hold scheduled terms of court, and using his official position to promote his personal interests, specifically, by remitting a fine due to the Federal government in order to obtain release from a personal judgment against him in a State court. He resigns before the full House can vote on the recommendation.

Following his resignation from the federal bench, Busteed resumes private practice in New York City starting in 1874. He dies on September 14, 1898, in New York City and is interred in Woodlawn Cemetery in the Bronx, New York.


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William J. Brennan Appointed to U.S. Supreme Court

william-brennanWilliam Joseph Brennan, Jr., American judge, is named an Associate Justice of the Supreme Court of the United States through a recess appointment by President Dwight D. Eisenhower on October 15, 1956, shortly before the 1956 presidential election. He serves from 1956 until July 20, 1990. As the seventh longest-serving justice in Supreme Court history, he is known for being a leader of the Court’s liberal wing.

Brennan is born in Newark, New Jersey to Irish immigrants, originally from County Roscommon, on April 25, 1906. He attends public schools in Newark, graduating from Barringer High School in 1924. He then attends the Wharton School of the University of Pennsylvania, where he graduates cum laude with a degree in economics in 1928. He graduates from Harvard Law School near the top of his class in 1931 and is a member of the Harvard Legal Aid Bureau.

Brennan enters private practice in New Jersey and serves in the United States Army during World War II. He is appointed to the Supreme Court of New Jersey in 1951. After his appointment to the U.S. Supreme Court by Eisenhower in 1956, he wins Senate confirmation the following year.

On the Supreme Court, Brennan is known for his outspoken progressive views, including opposition to the death penalty and support for abortion rights. He authors several landmark case opinions, including Baker v. Carr, establishing the “one person, one vote” principle, and New York Times Co. v. Sullivan, which requires “actual malice” in libel suits brought by public officials. Due to his ability to shape a wide variety of opinions and “bargain” for votes in many cases, he is considered to be among the Court’s most influential members. Justice Antonin Scalia calls Brennan “probably the most influential Justice of the [20th] century.”

Brennan holds the post on the Court until his retirement on July 20, 1990 after suffering a stroke. He is succeeded by Justice David Souter. Brennan then teaches at Georgetown University Law Center until 1994. He dies in Arlington County, Virginia on July 24, 1997 and is buried in Arlington National Cemetery.

With 1,360 opinions, he is second only to William O. Douglas in number of opinions written while a Supreme Court justice. On November 30, 1993, President Bill Clinton presents Brennan with the Presidential Medal of Freedom.