Kennedy questions Bush recess appointment (Pryor)

[JoFerret]

http://story.news.yahoo.com/news?tmpl=story&cid=544&ncid=703&e=6&u=/ap/20040308/ap_on_go_pr_wh/bush_judges

[Florida_Geek]

1. Kennedy looks to be on solid ground here

I wonder what * will do.

[whistle]

2. Well, if the appointment was illegal....

...then it must be reversed. One more count to add to the criminal charges against this president:spank:

[StopThief]

3. No chance of the appointment. . .

being overturned. Courts do not usually get involved in disputes between the Executive and Legislative branches unless the issue is ABSOLUTELY clear.

[Bandit]

4. Hmmm ~ I thought that was exactly what the courts did

If things are not clear in a legal sense the courts make them clear.

[KoKo]

5. Yes, but Kennedy used this argument, which might be valid unless other

appointments were made violating this, and Kennedy says this is the first one:

(snip)

" Recess appointments can only come "at the end of a Congress or the recess between the annual sessions of Congress," Kennedy wrote.

"No other Article III judge in the nation's history has ever received a recess appointment during a brief holiday period in the midst of a session of Congress," Kennedy added in a memo attached to the letter.

Article III judges — those appointed under Article III of the Constitution — include judges on the Supreme Court, the U.S. Appeals and District courts and the judges of the Courts of International Trade.

"The judges of the Court of Appeals for the 11th Circuit cannot and should not allow its upcoming cases to be tainted by the presence ... of a judge who may well be constitutionally or statutorily ineligible to sit," Kennedy said.