Bush Installs Appeals Court Nominee Who Was Blocked by Senate Democrats

AP ^ | 2-20-2004

[nuconvert]

Bush Installs Appeals Court Nominee Who Was Blocked by Senate Democrats

By Jeffrey Mcmurray

Feb. 20, 2004

Associated Press Writer

WASHINGTON (AP) - Bypassing angry Senate Democrats, President Bush installed Alabama Attorney General William Pryor as a U.S. appeals court judge on Friday in his second "recess appointment" of a controversial nominee in five weeks. Pryor's federal appointment has been vigorously opposed by Democratic senators who have objected to his past comments and writings on abortion and homosexuality.

Bush praised Pryor as a "leading American lawyer" and said he had been pushed past the Senate's normal confirmation process because of "unprecedented obstructionist tactics" against Pryor and five other nominees.

The president said of the Democratic blockers: "Their tactics are inconsistent with the Senate's constitutional responsibility and are hurting our judicial system."

Pryor was immediately sworn in in Alabama by another 11th Circuit judge.

The Constitution gives the president authority to install nominees in office when Congress is not in session. Both houses were out this week for the Presidents Day holiday. But the appointments are good only until the end of the next session of Congress, in this case the end of 2005.

Last month, Bush used a similar appointment to promote Mississippi federal judge Charles Pickering to the 5th U.S. Circuit Court of Appeals.

Bush said Pryor's "impressive record demonstrates his devotion to the rule of law and to treating all people equally under the law."

However, Vermont Sen. Patrick Leahy, the senior Democrat on the Judiciary Committee, said none of Bush's nominees is more controversial than Pryor.

"Actions like this show the American people that this White House will stop at nothing to try to turn the independent federal judiciary into an arm of the Republican Party," Leahy said.

Democratic presidential contender John Edwards said Pryor "has a long record of vigorous efforts to deny Americans' basic rights under our laws."

"This is one more example of why we need a new president," said Edwards, D-N.C., a member of the Senate Judiciary Committee.

But Sen. John Cornyn, R-Texas, said the appointment was "a constitutional response to an unconstitutional filibuster."

"I've always heard that when you have nothing else to say, you call people names," Cornyn said. "That's apparently what Democrats are now resorting to, just name calling. Bill Pryor is a very qualified, highly professional nominee who has a proven track record of enforcing the law, rather than his own personal agenda."

Bush picked Pryor last April for a seat on the 11th Circuit that covers Alabama, Georgia and Florida. Abortion rights advocates immediately mounted a campaign against the nominee, citing his criticism of the Supreme Court's Roe v. Wade decision that said women had a constitutional right to terminate pregnancy.

Pryor also came under fire for filing a Supreme Court brief in a Texas sodomy case comparing homosexual acts to "prostitution, adultery, necrophilia, bestiality, possession of child pornography and even incest and pedophilia."

Republicans have been unsuccessful in five attempts, the last one in November, at breaking through the parliamentary blockade that Democrats erected against Pryor's nomination.

Pryor, 41, is a founder of the Republican Attorneys General Association, which raises money for GOP attorneys general.

Besides Pickering and Pryor, Democrats also have used filibusters to block Bush's appeals court nominations of Judge Priscilla Owen, Hispanic lawyer Miguel Estrada and judges Carolyn Kuhl and Janice Rogers Brown. Estrada withdrew his nomination in September.

While Pryor didn't speak to reporters Friday, Republican Sen. Jeff Sessions, a close friend and Pryor's predecessor as Alabama's attorney general, said he had talked to him on the phone and found him to be "very comfortable with the situation."

Many Alabama Republicans remain angry at Pryor for leading the charge to oust the state's chief justice, Roy Moore, for refusing to abide by federal court orders requiring him to move a Ten Commandments monument from his courthouse.

Supporters hope almost two years on the federal appeals court will prove to Democrats that Pryor, as they say he showed in the Ten Commandments case, is willing to look at more than one side of an issue.

[Salvation]

Good news for all of us!

Bet it is driving the dimocrats and the DUers nuts.

[xzins]

But the appointments are good only until the end of the next session of Congress, in this case the end of 2005.

I don't think that's accurate. After a presidential election in Nov 2004, doesn't the new congress show up in roughly the same timeframe as the new president...at the beginning of 2005?

[ThePythonicCow]

The new congress starts early in 2005, but doesn't _end_ their session until late 2005. The appointment is good until the end of that session, according to my understanding.

[RickofEssex]

Many Alabama Republicans remain angry at Pryor for leading the charge to oust the state's chief justice, Roy Moore, for refusing to abide by federal court orders requiring him to move a Ten Commandments monument from his courthouse

[xzins]

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.

You are correct. I always took the "recess" and "next session" to be be different sessions, but they aren't, are they?

[nuconvert]

Right, so the end of the next session is the end of 2005.

[ThePythonicCow]

From http://www.mscode.com/usconst/2-2.html:

---

CONSTITUTION OF THE UNITED STATES OF AMERICA  

Article 2, Section 2.

President to be Commander-in-Chief. He may require opinions of cabinet officers, etc., may pardon. Treaty-making power. Nomination of certain officers. When President may fill vacancies.

1. The President shall be Commander-in-Chief of the Army and Navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

3. The President shall have the 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.

[xzins]

Yep. You're right.

Good.

[GretchenEE]

The writer states at least twice (scanned the article quickly) that the Dems are "angry," yet I don't see any "angry" dem comments. He quotes their displeasure but that's different from anger.

If anyone should be angry here, it is: the Americans waiting for court dates because the Senate dems are obstructing votes on nominees; the nominees; the GOP.

[Tamzee]

Great news, thanks!

[Tamzee]

An FYI for your ping lists..... Bush makes second recess appointment to a circuit court :-)

[azcap]

I have heard some on the right criticize Pryor for his actions in the Moore case. It was not within the Attorney General's (Pryor's) authority to do anything but remove Moore. Conservatives who supported Moore need to make their fight against the judiciary not the AG. If Pryor had not removed Moore he would be no different than the Mayor of San Francisco. Conservatives need to recognize that it was the liberal judiciary that axed Moore. Pryor is on record supporting the public display of the commandments. By putting him on the federal bench we are taking a big step toward not having bad judges force good attorney generals to enforce their bad rulings.

[Luke21]

But has anybody noticed the only judge that ever gets removed from the bench is a conservative one? The libs do whatever they want.

[joebuck]

Although I'm not sad to see this happen, aren't we changing the nature of the Judiciary here? The natural progression here is to obstruct confirmation and rely on temporary appointments as a final way to exert executive control. If this continues, are we essentially turning the federal judiciary into an "elected" office rather than a life time appointment? And would that be such a bad thing?

[PhiKapMom]

If Pryor had not removed Moore he would be no different than the Mayor of San Francisco. Conservatives need to recognize that it was the liberal judiciary that axed Moore. Pryor is on record supporting the public display of the commandments. By putting him on the federal bench we are taking a big step toward not having bad judges force good attorney generals to enforce their bad rulings.

Very well stated and something that everyone should remember.

[nopardons]

That's because, for the most part, GOPers follow the laws, ALL laws, and Dems follow none of them.

[timydnuc]

Ah, the AP, that explains the headline. If you can't take the heat, boys, get out of the kitchen.

[MeekOneGOP]

[Victoria Delsoul]

Bump!