Bush Installs Appeals Court Nominee Who Was Blocked by Senate Democrats

AP ^ | 2-20-2004

[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!