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Senator Charles E. Schumer, Democrat of New York, a member of the Senate Judiciary Committee, called Mr. Bush's use of recess appointments "a finger in the eye of the Constitution."
Good grief ! I say he should do recess appointments every time Congress is out !
If Congress is closed in October, give them an October surprise: Recess appoint EVERY one in which they are filibustering that is KNOWN to have enough votes to pass, if they weren't blocking them from getting a vote !
I can hear the 'RAT Halloween howling already !! hahaha !

Democrats threaten to block judicial nominees
Senators want Bush to stop appointing judges while Congress is out
08:49 PM CST on Friday, March 26, 2004
Associated Press

WASHINGTON – Senate Democrats on Friday threatened to stop all of President Bush's judicial nominees until the White House agrees not to appoint judges while Congress is out of town.
Senate Democratic Leader Tom Daschle of South Dakota said Democrats had decided to block all judicial nominees on the Senate floor until "the White House gives us the assurance that they will no longer abuse the process."
Democrats have been upset that Mr. Bush gave temporary federal appellate judgeships to Mississippi Judge Charles Pickering and Alabama Attorney General William Pryor while the Senate was out of town.
"The president's use of recess appointments to circumvent the advise-and-consent process puts a finger in the eye of the Constitution," said Sen. Charles Schumer, D-N.Y.
Republicans said Mr. Bush wouldn't have had to use recess appointments if Democrats hadn't been blocking his nominees. They also argued that the Constitution gives the president clear authority to put his nominees on the bench temporarily when Congress is not in session.
"To suggest that President Bush has somehow gone outside the power conferred upon him under the U.S. Constitution is not true," said Sen. John Cornyn, R-Texas.
The White House is unlikely to comply with Democrats' demand.
"No administration is going to rule out" recess appointments, said Senate Majority Leader Bill Frist, R-Tenn.
"It's unfortunate the lengths that Sen. Daschle and a minority of Senate Democrats will go to obstruct the normal judicial confirmation process," White House spokeswoman Erin Healy said
Democrats also say the White House is refusing to appoint Democratic nominees to fill their vacancies on federal boards and commissions. Many of the boards and commissions require both Democrats and Republicans to serve, but the Democrats are being held up by the White House, Mr. Daschle said.
"A divisive form of political gamesmanship has been allowed to extend to the nomination process itself," Mr. Daschle said. "Talented candidates are being prevented from serving their nation. And the views and communities they represent are not being heard. And the American people are losing out as a result."
Republicans and Democrats have been fighting over judicial nominations since Mr. Bush took office.
The Senate has approved 173 of Mr. Bush's judicial nominations, but Democrats have used the threat of filibusters to block Mr. Bush's appeals court nominations of Judge Pickering, Mr. Pryor, lawyer Miguel Estrada and judges Carolyn Kuhl, Priscilla Owen and Janice Rogers Brown. Mr. Estrada withdrew his nomination in September.
Online at: http://www.dallasnews.com/sharedcontent/dws/news/nation/stories/032704dnnatjudges.9f7d.html