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Justices Let Stand Bush's Appointment of Judge
Reuters ^ | Mar. 21, 2005

Posted on 03/21/2005 8:16:47 AM PST by Crackingham

The U.S. Supreme Court on Monday rejected three challenges to President Bush's recess appointment last year of conservative former Alabama Attorney General William Pryor to a federal appeals court.

Attorneys for several criminal defendants had argued the president can only make such an appointment during a recess at the end of the year between sessions of Congress, not during an adjournment in the middle of a congressional session like in Pryor's case.

They also said the presidential power extended only to recess appointments for the executive branch of the government, not those for the federal judiciary, and that Bush's "unilateral" appointment of Pryor was unconstitutional.

The Supreme Court declined to hear the three appeals in a brief order. Justice John Paul Stevens, however, issued a two-paragraph statement emphasizing that rejection of an appeal does not represent a ruling on the merits of any issue raised.

Stevens said it would be a mistake to assume the move constituted a decision on the merits of whether Bush has the constitutional authority to fill future judicial vacancies, including Supreme Court vacancies, with appointments made during such short recesses.

Bush appointed Pryor on Feb. 20, 2004, while the Senate was on an 11-day break for the President's Day holiday. Bush named Pryor in 2003, but Senate Democrats blocked his nomination because of his views opposing abortion and gay rights.

Pryor's recess appointment will last through the end of this year. Bush last month renominated Pryor for the Atlanta-based appeals court. If the Senate confirms him, he would have lifetime tenure.


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events; Philosophy
KEYWORDS: bush43; judicialnominees; recessappointments; scotus; williampryor
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1 posted on 03/21/2005 8:16:47 AM PST by Crackingham
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To: Crackingham

Well, Duh......


2 posted on 03/21/2005 8:17:41 AM PST by OXENinFLA
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To: OXENinFLA

Get on the ball,Senate..bump!!!!


3 posted on 03/21/2005 8:19:43 AM PST by GregB (Senate republicans have no ^%$#!!!)
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To: Crackingham

Correct me if I'm wrong, but didn't Clinton make some recess appointments?


4 posted on 03/21/2005 8:21:04 AM PST by Not A Snowbird (Official RKBA Landscaper and Arborist, Pajama Duchess of Green Leafy Things)
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To: Crackingham

"Attorneys for several criminal defendants had argued the president can only make such an appointment during..."

and just who are these criminal defendants and why would they have to approve of Bush's appointments?


5 posted on 03/21/2005 8:21:44 AM PST by Liberty Valance (Grateful Heart Tour 2005)
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To: SandyInSeattle

Yes he did. The most obnoxious one was Eric Holder to be Assistant Attorney General.


6 posted on 03/21/2005 8:25:48 AM PST by anoldafvet (Every time a child is born, it reaffirms God's faith in humanity.)
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To: Crackingham
Stevens said it would be a mistake to assume the move constituted a decision on the merits of whether Bush has the constitutional authority to fill future judicial vacancies, including Supreme Court vacancies, with appointments made during such short recesses.

hmmm... Things that make you go hmmm...

7 posted on 03/21/2005 8:28:07 AM PST by DBeers
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To: SandyInSeattle

Clinton certainly did make some recess appointments. One was a lefty Chinese-American ACLU type. And I believe that none of Clinton's appointments got out of Committee. They were not filibustered.


8 posted on 03/21/2005 8:29:10 AM PST by Inwoodian
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To: SandyInSeattle

Yes, lots of them. Besides, when this was put into the Constitution, it was never envisioned that Congress would stay in secession year round.


9 posted on 03/21/2005 8:29:49 AM PST by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: Crackingham
Stevens said it would be a mistake to assume the move constituted a decision on the merits of whether Bush has the constitutional authority to fill future judicial vacancies, including Supreme Court vacancies, with appointments made during such short recesses.

What part of the following excerpt from Article II of the Constitution (emphasis supplied) is so hard for the robe-wearers to understand?

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.

Next from the Supremes (with homage to Clinton): 'all' does not mean 'all'.

Give me a break....

10 posted on 03/21/2005 8:31:06 AM PST by aposiopetic
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To: Crackingham

Recess appointments ARE constitutional and have been used periodically since the founding of this Nation.

Seems like the Federal Courts need a refresher in American history.


11 posted on 03/21/2005 8:31:10 AM PST by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: Blood of Tyrants; Inwoodian; anoldafvet

So... why is Reuters reacting with shock and dismay that President Bush exercised the same authority?

Oh, never mind... it's Reuters.


12 posted on 03/21/2005 8:46:33 AM PST by Not A Snowbird (Official RKBA Landscaper and Arborist, Pajama Duchess of Green Leafy Things)
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To: aposiopetic
Stevens said it would be a mistake to assume the move constituted a decision on the merits of whether Bush has the constitutional authority to fill future judicial vacancies, including Supreme Court vacancies, with appointments made during such short recesses.

Basically, Stevens is telling these guys that their brief isn't good enough to convince O'Connor and/or Kennedy to side with them and rule that Presdient Bush cannot make recess appointments, and that they should try again. IOW, they got a mulligan.

13 posted on 03/21/2005 8:46:43 AM PST by CFC__VRWC
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To: Crackingham

Heh heh...


14 posted on 03/21/2005 8:46:48 AM PST by SunkenCiv (last updated my FreeRepublic profile on Sunday, March 13, 2005.)
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To: aposiopetic

Exactly, this is getting carried away


15 posted on 03/21/2005 8:47:39 AM PST by DollarCoins
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To: CFC__VRWC
Basically, Stevens is telling these guys that their brief isn't good enough to convince O'Connor and/or Kennedy to side with them and rule that Presdient Bush cannot make recess appointments, and that they should try again. IOW, they got a mulligan.

I guess they have to wait till Sandy Berger removes the Constitution from the National Archives and makes the following (28th?) amendment:

The President shall have Power to fill up allsome Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

16 posted on 03/21/2005 8:53:10 AM PST by aposiopetic
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To: SandyInSeattle

Clinton's entire White House hitch was a recess.


17 posted on 03/21/2005 8:54:51 AM PST by JesseHousman (Execute Mumia Abu-Jamal Today)
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To: anoldafvet
Holder comes second on the obnoxious scale of appointments. THE most obnoxious one was the appointment of Bill Lann Lee after the Senate had voted (not filibustered) him down already.
18 posted on 03/21/2005 9:06:53 AM PST by SAJ
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To: Blood of Tyrants
Would that we could ever get the Regress into 'secession' (sic). They could stay there forever, with my blessings.

:^)

19 posted on 03/21/2005 9:08:33 AM PST by SAJ
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To: Crackingham

I'll take two Rehnquists in his present state over one low life Stevens any day.


20 posted on 03/21/2005 9:12:01 AM PST by OldFriend ("If there must be trouble, let it be in my day, that my child might have peace." Thomas Paine)
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