During the 110th Congress, the Democratic leadership of the Senate specifically blocked Republican President George W. Bush from making any recess appointments with the use of pro forma sessions.
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Once the Senate confirms the nomination by an affirmative vote, the President must prepare and sign a commission, and have the Seal of the United States Department of Justice affixed to the document before the new Justice can take office.
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The expansion to nine members in 1837 allowed Andrew Jackson to appoint John Catron, and Martin Van Buren to appoint John McKinley; and the addition of a tenth seat in 1863 allowed Abraham Lincoln to name Stephen Johnson Field to the Court.
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