Posted on 01/19/2004 7:37:02 AM PST by Jeff Gannon
WASHINGTON (Talon News) -- After nearly three years of political wrangling over the nomination of Judge Charles W. Pickering, President Bush exercised his prerogative to put him on the 5th Circuit Court of Appeals while the Senate was in recess.
Senate Democrats stymied Pickering's nomination through procedural obstacles when they were in the majority and finally resorted to a filibuster when faced with the certainty of confirmation if a floor vote were taken.
In a statement Friday, Bush said that he was using his constitutional authority to appoint Pickering because "a minority of Democratic Senators has been using unprecedented obstructionist tactics to prevent him and other qualified individuals from receiving up-or-down votes."
"Their tactics are inconsistent with the Senate's constitutional responsibility and are hurting our judicial system," Bush said.
The president repeated what is likely to be heard throughout his reelection campaign: "Again I call on the Senate to stop playing politics with the American judicial system and to give my nominees the up-or-down votes they deserve."
Sen. Charles Schumer (D-NY), a Judiciary Committee member, called the appointment "a finger in the eye" while ranking minority member Sen. Patrick Leahy (D-VT) said that Bush's action was a "cynical, divisive appointment that will further politicize the judiciary."
Sen. John Cornyn (R-TX), another member of the Judiciary Committee, said, "The President was forced to use his authority under the Constitution due to the unprecedented and unending obstruction against Charles Pickering and others."
"Frankly, opponents have only themselves to blame, they've prevented an up-or-down vote and the President exercised a constitutional option to end an unconstitutional filibuster against a nominee with bipartisan, majority support," Cornyn added.
Senate Minority Leader Tom Daschle (D-SD) was quoted in the New York Times saying, "By circumventing the Senate ... the President has confirmed that he has no interest in working in a bipartisan manner to appoint moderate judges who will uphold the law."
Daschle added, "By taking this step on the eve of the Martin Luther King, Jr. holiday, the President has shown a shocking disregard for the spirit of the holiday and betrayed his own words of tolerance."
Members of the Project 21 African-American leadership network disagreed with Daschle and others who have attacked Pickering's background on racial issues. They point out "during his legal career, he testified against the Ku Klux Klan, defended black clients during the Jim Crow ear and helped set up the Institute of Racial Reconstruction at Ole Miss."
C. Boyden Gray, Chairman of The Committee for Justice, a group that promotes constitutionalist judicial nominees, said in a press release, "This step was properly taken by the White House after three long years of delay and liberal character assassination directed at this respected jurist. Their latest maneuver, to block Pickering from confirmation by permanent minority filibuster, was a cynical and unconstitutional measure, which, until the 108th Congress, had no precedent in American history."
Never before had appeals court nominees been filibustered, but four of them continue to languish in the Senate. Originally, six nominees had been blocked, but Miguel Estrada withdrew his name from consideration in the fall. Janice Rogers Brown, Carolyn Kuhl, Priscilla Owen, and Bill Pryor are still waiting for a vote. Critics of the Democrats say they are applying in unconstitutional ideological litmus test to the nominees that disqualifies pro-life conservatives and those having "deeply held religious beliefs."
In November, Senate Republicans staged a "Justice for Judges" debate marathon that lasted 39 hours, but failed to break the logjam. The recess appointment encouraged conservatives who are frustrated with the Democrats' obstruction. They believe the Democrats are trying to string out the nominations, hoping to either win back the White House or a majority in the Senate in 2004. It is believed that whoever occupies the White House after November's election will be filling one or more Supreme Court vacancies.
Tony Perkins, President of the Family Research Council praised the President's action, saying, "At a time when our courts at every level are over-stepping their bounds by sanctioning same-sex marriage and infanticide and stripping us of our religious freedoms, President Bush has taken the first step to ensure that our federal courts are filled with judges who understand their role is to follow the Constitution, not reinvent it."
Hard left groups were quick to denounce the move.
Ralph Neas, president of People for the American Way said in a statement, "The President is dedicated to packing the courts with right-wing judges who will turn back the clock on equal rights, privacy and reproductive freedom."
National Organization for Women president Kim Gandy called Bush's recess appointment of Pickering "appalling" while the National Abortion Rights Action League said it was "the worst kind of political gamesmanship."
President Bill Clinton used a recess appointment for lawyer Roger Gregory, an appeals court judge, in the last days of his term.
Copyright © 2004 Talon News -- All rights reserved.
Keep 'em straight. =D
It's about time. I wish he had make more recess appointments and made the Dem's really howl.
I've read the reason he waited so long is because Pickering will come up for a vote a year from now, and Bush is betting there will be fewer Democrats in the Senate so it will be easier to get him through.
Janice Rogers Brown, Carolyn Kuhl, Priscilla Owen, and Bill Pryor probably don't want to give up their current positions for a 2 year recess appointment. Pickering is near retirement age so he probably decided that 2 years as an appellate court judge was better than none.
My preference would be for Bush to fill all of the open slots with recess appointments of the most conservative senior and retired jurists he can find. If the Democrats don't like it, then let them confirm the permanent replacements that Bush has nominated.
No. They defied HIM. They can give advise & council...they're not supposed to fillibuster, or gain a super majority. They was not the intent of our Forefathers.
The above is a real quote from this article in The Chatanoogan... which also says Bush is Rove's "sock puppet". Sound familiar?
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