Justices Let Stand Bush's Appointment of Judge

[Rose Siding]

WASHINGTON (Reuters) - 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.
...
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.

http://www.boston.com/news/nation/washington/articles/2005/03/21/justices_let_stand_bushs_appointment_of_judge/

[BrainRants]

1. Gee, what a surprise! n/t

[w4rma]

2. I hope he uses more recess apointments.

They are not permanent.

[sonicx]

9. so, when will they leave?

[Guckert]

3. Cruz Bustamonte should pay attention to this. Arnold is gone 75% of the

time lining his pockets with "non" special interest money. Cruz could really have a hayday with this one. that is why Arnold is trying to stop the law that states the Lieutenant Gov can make appointments during the Gov trips out of state.

[latteromden]

4. Court rejects challenge to 'recess appointment'

"WASHINGTON (AP) -- The U.S. Supreme Court, dodging a charged dispute over judicial nominations, declined Monday to consider whether President Bush overstepped his bounds in naming a federal judge while Congress was on a short break.

The court refused to hear a trio of cases challenging the "recess appointment" of William Pryor to the Atlanta-based 11th U.S. Circuit Court of Appeals last year. The appeals argued that Pryor's temporary appointment was an end-run around the Senate's right to confirm or reject judicial nominees."

From CNN: http://www.cnn.com/2005/LAW/03/21/scotus.bushjudge.ap/index.html

I remember this. I just can't believe the things they're doing.

[Wabbajack]

5. Unfortunatly

nothing can stop * from making recess appointments for any position.

It he appoints a judge now that judge would stay on the bench untill the end of the NEXT session of congress meaning late 2006.

I forsee him using this for the Supreme court vacanies that are coming to a Senate near you.

[qazplm]

6. nah

not even he has the cahones to do THAT.

He'd be eaten alive, no president can get away with that one.

[Wabbajack]

7. Who exactly is gonna gold him to task?

Pelosi? Reid? The media?

[Mr_Spock]

8. We, the people, will

Watch us.