A Judicial End Run

New York Times ^ | January 17, 2004

[John Jorsett]

President Bush has used the only avenue remaining to him to install Charles Pickering Sr. of Mississippi on the Fifth Circuit Court of Appeals: a recess appointment, which avoids the confirmation process. That recess appointments are a perfectly legal device used by other presidents in the past does not make this appointment any more palatable. Mr. Pickering is absolutely the wrong choice for one of the nation's most sensitive courts.

Mr. Bush claimed that only a "handful" of senators had opposed Mr. Pickering. The opposition was in fact a good deal broader than that.

Mr. Pickering was rejected in 2002 by the Judiciary Committee when the Senate was still in Democratic hands. When the same committee, in Republican control, approved him last fall, the nomination was blocked by a filibuster. Another attempt on the president's part to win Senate approval of Mr. Pickering's nomination would almost certainly have produced the same result.

The reasons are clear enough. Over the years, Mr. Pickering has displayed skepticism toward cases involving civil rights and expressed doubts about well-settled principles like one person one vote. The Senate inquiry into the nomination uncovered troubling questions of judicial ethics. Mr. Pickering took up the case of a man convicted of burning a cross on the lawn of an interracial couple, urging prosecutors to drop a central charge and calling a prosecutor directly. He also seems outside the mainstream on abortion rights.

Mr. Pickering is not the only hard-right candidate Mr. Bush has pushed for high judicial office. But his nomination was among the most troublesome. As Senator Charles Schumer said, Mr. Bush's decision to bypass the Senate in this manner is "a finger in the eye" for all those seeking fairness in the nomination process.

[dirtboy]

Mr. Pickering took up the case of a man convicted of burning a cross on the lawn of an interracial couple

Took up the case? Pickering was the JUDGE on the case, you nitwits, and it was his duty to ensure that the case was tried fairly.

We don't see the NY Times criticizing the prosecutors who gave the worst of the perps a plea for a misdemeanor with no jail time. Nah, Pickering's the bad guy for trying to get the sentence of a lesser defendant more in line with the facts of the case.

[Banjoguy]

What a load of horse manure.

[FormerACLUmember]

This did not include a mandatory barf alert.

[1rudeboy]

boo hoo

[OpusatFR]

"...fairness in the nomination process."

Like this POS agendized writing? If it had not been for the web, I would not have known Judge Pickering's true record and valiant struggle, the threats against his life and that of his family, and his excellent civil rights record.

[John Jorsett]

I knew this was coming. The NYT thinks it's just peachy to filibuster judicial appointments as long as they're Republican appointees. I hope this is just the first of many Bush recess appointments, although I suspect this is just a shot across the Democratic bow to see if he can shake loose some of the other blocked Senate votes.

[JZoback]

As Senator Charles Schumer said, Mr. Bush's decision to bypass the Senate in this manner is "a finger in the eye" for all those seeking fairness in the nomination process.

I hope Bush recess appoints Judge Bork.

Chuckie will probably say something a bit more strong along the lines of a getting a green weiner in the you know what.

How can that man use the word fairness without getting stuck by lightning is beyond me

[Enterprise]

"recess appointments are a perfectly legal device used by other presidents"

So STFU already!

[Eric in the Ozarks]

Its called selective reporting in the scribbling profession.

[Enterprise]

"I hope Bush recess appoints Judge Bork."

Oh please please please let it be so. I am here standing beside myself with joy at the very thought!

[John Jorsett]

This did not include a mandatory barf alert.

I know a lot of people use those, but I've never liked them. They strike me as someone telling me what to think before I've even read the piece. If it's a bunch of Bolshie nonsense, it'll be pretty apparent. To each his own, however; if someone likes to put Barf Alert on their postings, that's certainly their right.

[ml/nj]

Has there been some indication that President Bush might actually make a recess appointment?

I've been hoping for some for a long time now. At the top of my list would be Judge Bork, if he would accept such an appointment.

ML/NJ

[cynicom]

Bush installed his choice for Senate leader, Bill Frist. What we got was another limp wrist RINO with no guts to challenge the dems to a fulltime filibuster. Bush has only himself to blame.

[John Jorsett]

Has there been some indication that President Bush might actually make a recess appointment?

Do you mean beyond this one of Pickering? Not that I've seen, although Pickering's would seem to me to be an implicit threat of more to come.

[Pietro]

"He also seems outside the mainstream on abortion rights."

"@$#^%$**@@$"

Those lying, turd sucking, b@st@rds at the NYT!! I can't wait for the day they go bankrupt financially--they've been morally bankrupt for decades.

[chiller]

FReepers CLEARLY need a new name at minimum for Barf Alert. Maybe Lefty Drivel, or Media Bias or whatever, but Barf Alert is gross.

[gunnedah]

Our judicial system is as crooked as politics and the so called "Mainstream Media" hides the facts and tries to brainwash America. Read the actual case and you will see why Pickering did what he did but the Times will hide this fact.
Let me bring another scenario of how politics manipulate the system and it is happening again but the press does not report this.
Out in California Michael Jackson and his group of legal eagles are manipulating the system to get the trial moved from where the crime was committed so they can get a jury more of Michaels liking and one that can be manipulated like in the Simpson case.Lawyers and the legal system are a farce and Americans are buying into it.
O.J. Simpson got away with murder simply because Gil Garcetti moved the case from where it happened. I liken this to trying the terrorist in their home countries instead of where the crime is committed.

[chiller]

Upon hearing this great news, I suspected this was the opening salvo in an attempt to make this a year long campaign issue. Sadly, I'm hearing that none of the other nominees, Brown, Owens, etc. wanted a recess appointment.

I hope this isn't the last.

[goldstategop]

A majority of the Senate stood prepared to confirm Charles Pickering for the Fifth Circuit. The only people standing in the way of his confirmation are a handful of liberal obstructionist Senators led by Charles Schumer. With the filibuster, they refuse to allow the Senate to have an up or down vote on President Bush's judicial nominees. And if the New York Times thinks they're hard right and out of the mainstream, why won't the Liberal Gang in the U.S Senate allow their colleagues the courtesy of being able to decide the matter for themselves? The truth is its the Democrats who are out of touch with the country when it comes to blocking highly qualified people for judicial posts simply because they disapprove of their political philosophy. This from the party of diversity and tolerance.