Challenge Threatened to Recess Appointment: Kennedy thinks appointment of Pryor is unconstitutional

Focus on the Family ^ | 2/27/04 | Keith Peters

[ZGuy]

U.S. Sen. Edward Kennedy, D-Mass., is threatening a legal challenge to one of President Bush's recess appointments. The liberal senator claims the appointment of Alabama Attorney General William Pryor to a position on the U.S. Circuit Court of Appeals was unconstitutional.

At issue: Was the 10-day period when Congress was away a recess according to the Constitution? Pepperdine University Law Professor Douglas Kmiec argues that it was.

"Certainly, the modern practice of Republican and Democrat presidents alike is that intrasession appointments are constitutional so long as the recess was at least 3 days," Kmiec said.

Kennedy, however, believes that only when Congress adjourns at the end of a session does a formal recess occur, and he indicated a lawsuit was possible.

Michael Krauss, a professor of law at George Mason University, finds Kennedy's position ironic, at best.

"It's ironic to see Sen. Kennedy, who has favored the appointment of so many activist judges who care little about the text or the original intent of the Constitution, appeal to the original intent," Krauss said.

Kay Daly, who heads the Coalition for a Fair Judiciary, characterized Kennedy's threat as interference.

"The president has every right — indeed every responsibility — to appoint that which he believes will serve the best," Daly said.

Daly says what Kennedy is trying to do is apply a litmus test for judicial nominations.

TAKE ACTION Kennedy is a leader in the boycott by Senate Democrats of the president's judicial nominees — some of whom have been kept from an up-or-down vote on their nominations for up to 2 years. The delay is neither warranted nor justified.

The nominations of Judges Carolyn Kuhl, Janice Rogers Brown and Priscilla Owen have been kept in check for far too long.

Please contact your senators and let them know: 1) that it is not the Senate's role to decide who the nation's judges will be; 2) The Senate's role is only to "advise and consent" to nominations; and 3) If senators oppose a candidate, they should vote accordingly on the Senate floor. But it is unconscionable for any nominee to wait this long to find out if they are going to have the opportunity to serve.

[areafiftyone]

[clintonh8r]

In his next life this guy will be a barnacle living under Chappaquidic bridge.....

[Wally_Kalbacken]

A Consitutional scholar weighs in.

[Eric in the Ozarks]

Would someone please re-post Teddy, the Swimmer in his neck brace photo...

[CFC__VRWC]

In his next life this guy will be a barnacle living under Chappaquidic bridge.....

Or he'll be a $2 bottle of hootch like Night Train or Mad Dog 20/20.

[Unam Sanctam]

The Democrats efforts to impose a religious test excluding traditional Christian believers from the federal judiciary is what's unconstitutional.

[justshutupandtakeit]

We should find some way of suing the RAT senators for not doing their job as per the Constitution.

[OldFriend]

Can we sue Kerry for being AWOL from the Senate?

Actually he does us a favor but that's beside the point.

[Area51]

I'll morn that Fat assed worthless maggot for about a millisecond when he dies.

Then I will proceed to make reservations to visit his resting place and Piss all over it.

[alloysteel]

The reasoning put forth is specious at best, and probably rooted in a totally dishonest interpretation of the Constitution. Inaction by the Senate is no excuse for denying the timely filling of vacant judicial positions.

[Cyber Ninja]

That would be a waste of perfectly good urine.

Rejoice in knowing Ted Kennedy is going to Hell.

[Piquaboy]

The former submarine commander is blabbering again. Its funny everything President Bush does is illegal but what Clintoon did was perfectly fine.

[Cooter]

Kennedy can solve this constitutional crisis by allowing an up or down vote on Pryor.

[PBRSTREETGANG]

Kennedy thinks appointment of Pryor is unconstitutional

I belive this raises very serious Pot and Kettle issues.

[Eric in the Ozarks]

Former submarine commander...

[LexBaird]

What's needed is a counter suit by Pryor charging Kennedy's filibuster as unconstitutional interference in the President's power to appoint judges. A filibuster isn't giving "advice and consent [or rejection]", it is preventing it.

[Fresh Wind]

Mr. Kennedy, can you tell me whether a Democrat president has ever made a recess appointment and, if so, did you oppose such appointments? Hello? Hello?

[wattsmag2]

Then I will proceed to make reservations to visit his resting place and Piss all over it.

Since I would not waste the funds to get to Massachusetts to do the act myself, I wonder if any enterprising individual has set up a Piss-On-Your-GraveaGram service.

[1Old Pro]

The good news is that Kennedy will not be serving in the Senate for a heck of a lot longer.