Kennedy Eyes Suit on Pryor

[kskiska]

Sen. Edward Kennedy (D-Mass.) has asked his staff to put together a case that he hopes will prove that President Bush’s recess appointment of Alabama Attorney General William Pryor to the U.S. Court of Appeals was unconstitutional.

At issue is whether the 10-day period when Congress was away constituted a “recess” in which such appointments are provided for in the Constitution.

Some constitutional scholars believe that the Founding Fathers may have been referring to the far lengthier recess periods that occur between sessions and Congresses. Recesses lasting many months were common in the early days of the Republic, before the advent of mid-session breaks.

President Bush last Friday used a recess appointment to put Pryor, an outspoken opponent of abortion and homosexuality, on the Atlanta-based appellate court, which covers Alabama, Georgia and Florida. Democrats have strongly denounced the move.

(snip)

“I think there are very substantive questions to the legality,” Kennedy told The Hill.

more…
http://www.thehill.com/news/022604/kennedy.aspx