Judicial Recess Appointment of Attorney General Bill Pryor

Pryor appointed to 5^th Circuit Court of Appeals

The Senate has approved many of the judicial judicial nominations made by President Bush.  However, some have been held up for no other reason that the nominee is conservative and/or pro-life.  The senate judicial committee has refused to allow these nominations to come to the floor because the Committee understands that the nominees would probably be approved by the Senate as a whole.  At other times, a scheduled vote has resulted in a filibuster by the opponents, again, because they know that a floor vote would probably result in approval.

President Bush has now twice taken advantage of a recess period of the Senate to make a judicial appointment which, because the Senate is not in session, does not require Senate confirmation.

In January President Bush appointment Charles Pickering to the 5^th Circuit Court of Appeals.

In February he appointed Bill Pryor to the 11^th Circuit Court of Appeals.

Both of these appointments, because they are recess appointments, are in effect until the next Congress convenes, which is in 2005, at which point the appointees must be re-nominated and approved in the standard way if they are to have a standard term in office.

There were outraged comments from the Senate leadership about what they called Bush’s “refusal to work within the system.” 

Bush’s response might be considered to be contained in the statement he made at Pryor’s appointment.  He said, “Again I call on those in the Senate who are playing politics with the American judicial system to stop so that my nominees receive the up-or-down votes they deserve.”

The full text of Mr. Bush’s statement is below.

Statement by the President

February 20, 2004

STATEMENT BY THE PRESIDENT

Today, I exercised my constitutional authority to appoint William H. Pryor Jr. to serve on the United States Court of Appeals for the Eleventh Circuit. Bill Pryor has served as the Attorney General of Alabama since 1997 and has had a distinguished career as a public servant and practicing attorney. His impressive record demonstrates his devotion to the rule of law and to treating all people equally under the law. He has received widespread bipartisan support from those who know him and know his record. I am proud to name this leading American lawyer to the appellate bench.

Attorney General Pryor was nominated more than 10 months ago, but still has not received an up-or-down vote in the Senate. A bipartisan majority of Senators supports his confirmation. If Attorney General Pryor were given a vote on the floor of the Senate, he would be confirmed. But a minority of Democratic Senators has been using unprecedented obstructionist tactics to prevent him and other qualified nominees from receiving up-or-down votes. Their tactics are inconsistent with the Senate's constitutional responsibility and are hurting our judicial system.

As a result of today's recess appointment, Attorney General Pryor will fill a seat on the Eleventh Circuit that has been designated a judicial emergency. He will perform a valuable service on a court that needs more judges to do its work with the efficiency the American people deserve and expect. Again I call on those in the Senate who are playing politics with the American judicial system to stop so that my nominees receive the up-or-down votes they deserve.

- http://www.whitehouse.gov/news/releases/2004/02/20040220-6.html

Updated on RARTL March 2004