November 15, 2004

More bad news about court-packing by Bush

> More bad news about court-packing:
> The U.S. Court of Appeals for the 11th Circuit
> has upheld the "recess" appointment of William
> H. Pryor, Jr., holding that the power to fill vacancies
> -- without the advice and consent of the Senate -- which "happen"
> during a recess, empowers the president to fill any vacancies
> which existed at the time of the recess:
> Pryor's 6+ year appointment took place on an 11-day Christmas
> vacation of the Senate.
> I.e., any time the Senate takes any kind of break, Bush
> will be empowered to fill all existing judicial vacancies without
> the advice and consent of the Senate, thus in essence empowering
him to (a) appoint as many federal judges as there are vacancies,
without seeking advice and consent of the Senate, and (b) empowering
the Republican Party to have some power over those judges since their
appointments will be for a limited term, rather than lifetime appointments
which were supposed to place Article II judges above politics.

The only good news is that Judge Barkett dissented.

Raise your hand if you think the U.S. Supreme Court will reverse;
if you do, I know of a nice bridge crossing the span from Manhattan
to Brooklyn, which I'd like to sell you.

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