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W pulls a legal end run
NY Daily ^ | 1/7/04 | Thomas DeFrank

Posted on 01/17/2004 9:04:00 PM PST by Tumbleweed_Connection

President Bush tossed a bone to his conservative base yesterday and made an end run around Senate Democrats, appointing a controversial judge to the federal appeals court. Democrats had blocked Charles Pickering's nomination for two years, but the President handed the Mississippi judge a temporary recess appointment yesterday that requires no Senate approval.

Sen. Chuck Schumer (D-N.Y.), a leading opponent of Bush's judicial nominations, denounced the move as "a finger in the eye to all those seeking fairness and bipartisanship in the judicial nominations process."

"A man who [once] defended cross-burning does not deserve elevation to the bench," Schumer added in a statement.

Democrats have charged Pickering is a judicial lightweight and right-wing ideologue who would legislate from the bench.

Bush said in a statement he was proud to make the appointment and accused Democrats of "unprecedented obstructionist tactics" in blocking his nominations.

The Constitution allows a President to bypass the confirmation process for judges when Congress is in recess. Pickering can serve on the appellate bench until January 2005, when he will have to be renominated.

New York's Sen. Hillary Clinton and other Democrats slammed Bush for appointing Pickering a day after laying a wreath at the tomb of Martin Luther King Jr.



TOPICS: Extended News; Government; Politics/Elections
KEYWORDS: charlespickering; hillary; obstruction; recess; schmuckeschumer; schumer
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1 posted on 01/17/2004 9:04:01 PM PST by Tumbleweed_Connection
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To: Tumbleweed_Connection
A poke in the eye for chuckie? about damn time.....
2 posted on 01/17/2004 9:05:09 PM PST by linn37 (Have you hugged your Phlebotomist today?)
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To: Tumbleweed_Connection
....a finger in the eye of....

...those who have their thumbs up their asses.

3 posted on 01/17/2004 9:07:00 PM PST by clintonh8r (You know that KoolAid the RATs have been drinking? Well, I'm the guy who's been pissing in it.)
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To: linn37
CHUCKIE DID THE PIG YOU COULD TALK ABOUT THE JUDGES.
4 posted on 01/17/2004 9:08:07 PM PST by jocko12
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To: Tumbleweed_Connection
Schumer and the Rats conveniently forget that Clinton used a recess appointment to name Roger Gregory to the 4th US Circuit Court of Appeals in Richmond, VA.
5 posted on 01/17/2004 9:08:09 PM PST by ServesURight (FReecerely Yours,)
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To: jocko12
?????
6 posted on 01/17/2004 9:11:42 PM PST by linn37 (Have you hugged your Phlebotomist today?)
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To: Tumbleweed_Connection
Pres. Bush would have put more judges in but only Charles Pickering would do it. So I heard.
7 posted on 01/17/2004 9:12:23 PM PST by Brimack34
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To: Tumbleweed_Connection
New York's Sen. Hillary Clinton and other Democrats slammed Bush for appointing Pickering a day after laying a wreath at the tomb of Martin Luther King Jr.

Did FReeper's officially document Clinton's recess appointments along with the Executive Orders? Is there a website to find historical recess appointments? If the major media continues to play along with the Democrats on this issue, a tit-for-tat battle will be appropriate. The other point being that the Republicans, following tradition, rubber stamped most of Clinton's nominees, hopefully a tradition buried, if the Republicans can muster the cajones.

I'll start it, though with a caveat on the source:

Judicial Watch 12/29/00 ".....In Bill Clinton's final days as President of the United States, notwithstanding his and his wife's obvious plans to retake the White House in 2004 under a President Hillary Rodham Clinton Administration, the Clinton-Gore Administration has again shown its disrespect for ethics and the Constitution by using executive orders to pursue its purposes........ First, skirting accepted norms under the Constitution, Bill Clinton named a federal appellate court judge through a recess appointment to the U.S. Court of Appeals for the Fourth District. Rather than relying on the law, Clinton's appointment, by his own admission, was based on racial politics. Besides the impropriety of the recess appointment, this is an outrageously unethical basis on which to appoint anyone to government office, let alone a federal judge. ........http://www.alamo-girl.com/0431.htm

8 posted on 01/17/2004 9:14:38 PM PST by JerseyHighlander (quid quid latine dictum sit, altum videtur.)
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To: ServesURight
The Rats hate it when their "legal" manuvering gets turned back upon themselves.

When they do it, it is "fulfilling their legal authority and responsibilities". When we do it, it is somehow "underhanded". Fvck 'em running, I say.
9 posted on 01/17/2004 9:16:33 PM PST by clee1 (Where's the beef???)
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To: Tumbleweed_Connection
New York's Sen. Hillary Clinton and other Democrats slammed Bush for appointing Pickering a day after laying a wreath at the tomb of Martin Luther King Jr.

Hmmmm, what was the number of recess appointments Clinton made by this point in his term?

10 posted on 01/17/2004 9:20:10 PM PST by McGavin999 (Evil thrives when good men do nothing!)
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To: Tumbleweed_Connection
Sen. Chuck Schumer (D-N.Y.), a leading opponent of Bush's judicial nominations, denounced the move as "a finger in the eye to all those seeking fairness and bipartisanship in the judicial nominations process."

Blow it out your arse, Chuckie!

Since when did the Constitution specify "fairness and bipartisanship in the judicial nominations process" anyway?

The President nominates, and the Senate is to "advise and consent". That means that they can say either "Yea" or "Nay". This crap they are pulling is just allowed under "Senate Rules" - which can be changed by a simple majority vote.

The biggest problem here is that the Senate Republicans have no cojones.

11 posted on 01/17/2004 9:21:17 PM PST by clee1 (Where's the beef???)
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I just love it when they call him "W".


12 posted on 01/17/2004 9:22:26 PM PST by Fixit (Dubya!)
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To: McGavin999
Notice how quickly W has re-framed the judges issue. The Dems respond with vitriol making claims that can be easily refuted. In the end it looks like what it is... It is all about abortion. The Dems hide behind race and civil rights arguments but the bottom line is it all about abortion. And obstruction for the sake of obstruction.
13 posted on 01/17/2004 9:27:07 PM PST by gov_bean_ counter
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To: JerseyHighlander
Recess appointments have been rare in the last few Administrations.... President Clinton had one, Gregory then you have to go back to President Carter to find the next one.... President Reagan and President Bush had zero..... There have been something over 300 in the history of the Judicary.....
14 posted on 01/17/2004 9:28:02 PM PST by deport
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To: Tumbleweed_Connection
A man who [once] defended cross-burning does not deserve elevation to the bench," Schumer added in a statement.

Using his example, only Ginsberg on the panelof the current justices should be serving.

R.A.V. v. City of St. Paul, Minnesota
505 U.S. 377 (1992)
http://supct.law.cornell.edu/supct/html/90-7675.ZS.html

This was a 9-0 decision. Ginsberg had not yet replaced White.

15 posted on 01/17/2004 9:35:50 PM PST by nonliberal (Graduate: Curtis E. LeMay School of International Relations)
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To: Tumbleweed_Connection
Martin Luther King was trying to change hearts and minds; ergo, he believed minds and hearts could be changed. Since he believed it, he wouldn't have said that a man should be barred from progress in his career because of a view he MAY have had many years ago.

These people are unbelievable. How many of them would like to be held accountable for everything they are said to have said when they were young?
16 posted on 01/17/2004 9:36:21 PM PST by Triple Word Score (2004: Even M&Ms are now BLACK AND WHITE.)
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To: McGavin999
Hmmmm, what was the number of recess appointments Clinton made by this point in his term?


If you are talking about Article III judges the answer is 'zero' .... President Clinton appointed only one and that was in Dec. before he left office in Jan. 2001.

Beginning with President Carter there have only been three recess appointments of Article III judges when you count this one by President Bush. {President's Reagan and Bush never made any]
17 posted on 01/17/2004 9:36:56 PM PST by deport
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To: gov_bean_ counter
Abortion disproportionately kills the poor, females, and minorities. When libs fight for abortion rights, they are fighting for a whiter, more divided, and more affluent society--the very thing they accuse us of doing.

That abortion policy is quiet genocide isn't something liberals will admit.
18 posted on 01/17/2004 9:38:31 PM PST by Triple Word Score (2004: Even M&Ms are now BLACK AND WHITE.)
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To: deport
Clinton didn't have to--Republicans didn't play this game on his nominees.
19 posted on 01/17/2004 9:39:12 PM PST by Triple Word Score (2004: Even M&Ms are now BLACK AND WHITE.)
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Comment #20 Removed by Moderator


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