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.
Well, Duh......
Get on the ball,Senate..bump!!!!
Correct me if I'm wrong, but didn't Clinton make some recess appointments?
"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?
Yes he did. The most obnoxious one was Eric Holder to be Assistant Attorney General.
hmmm... Things that make you go hmmm...
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.
Yes, lots of them. Besides, when this was put into the Constitution, it was never envisioned that Congress would stay in secession year round.
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....
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.
So... why is Reuters reacting with shock and dismay that President Bush exercised the same authority?
Oh, never mind... it's Reuters.
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.
Heh heh...
Exactly, this is getting carried away
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.
Clinton's entire White House hitch was a recess.
:^)
I'll take two Rehnquists in his present state over one low life Stevens any day.
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