Sen. Tom Daschle, irked that President Bush would use the recess appointment power that is only to be used by Democrat presidents, has ordered a halt to approval of all federal judicial nominees.

It's not a new suggestion, but it is one that is increasingly being considered -- put conservative and libertarian legal minds that are either too old, too young, too inexperienced or too anti-"liberal" on the bench as recess appointments. The, all of the sudden, Bush's regular nominees don't look so extreme.

Prof. Bainbridge has volunteered to serve for a few semesters.

President Bush should take him up on his offer.