Bush does it again: installs Bill Pryor to 11th Circuit while Congress in

[no_hypocrisy]

recess after vote stalled by the dems.

http://www.nytimes.com/2004/02/21/politics/21JUDG.html?hp=&pagewanted=print&position=

First Charles Pickering. Now William H. Pryor. Who's next? Judge Roy Moore?

Geez.

[NewJerseyDem]

1. Pryor may not have even had majority support in the Senate

That is what is really sad about this. Several moderate republicans like Olympia Snowe, Arlen Specter and Lincoln Chafee hadn't even said that they would vote for Pryor if it came to a final vote on the floor. So, we may have been able to defeat him if we didn't filibuster but the democrats had no choice because they couldn't be certain that the moderate GOPers would vote no.

I find recess appointments to be an outrageous perversion of the constitution. It is completely inappropriate for presidents to do this in all circumstances. Also, is there any reason why Bush couldn't just do a recess appointment for Pryor next year when Pryor's term is up.

[Doogie]

2. Not really a "perversion"

As it is actually provided for in the constitution. And every president in recent memory has done it (AFAIK).

As for if he can re-appoint him under recess, yes, assuming he wins in Nov. Pryors appointment (again, AFAIK) is through the end of 2005, so only way Bush can re-appoint is if he is re-elected.

Now, if GOP wins a few more seats and gets a filibuster-proof majority, it's a moot point, as all of Bushes judges will get rubber-stamped on through.