Posted on 06/09/2004 3:34:03 PM PDT by hardhead
WASHINGTON Sen. Edward Kennedy is trying to file a "friend of the court," or amicus, brief that argues that the recess appointment of Judge William Pryor Jr. was unconstitutional, according to a new court document.
The request was sent Wednesday to the 11th Circuit Court of Appeals in the case of Adefemi v. Ashcroft, which challenges a Board of Immigration Appeals (search) decision that the now-defunct Immigration and Naturalization Service had enough evidence to deport Adefemi, a citizen of Nigeria, on a firearms offense. The case is set for arguments in front of the full court, or "en banc," on June 15.
Court papers obtained by Fox News show that Kennedy's attempt to get the 11th Circuit to ponder the constitutionality of Pryor's recess appointment is also being applied in two other cases besides the deportation case.
(Excerpt) Read more at foxnews.com ...
Wonder if this crap violates the agreement the President made about recess appointments?
DKK
And you only came to realize this now?
Kennedy will go down in history for two things; a killer and a B**tard.
This whole "advise and consent" crap needs to be challenged. It should not take a 60 vote cloture to get a vote on a judge. Fillibusters rules are clearly laid out. And judicial nominees are not to be fillibustered.
That bloated murderer has been illegal in the Senate for almost 40 years.
Give it a rest, Fatboy!
Good question, but when has a Democrat ever honored an agreement?
Great point! But if they violated the agreement then, "let the appointments begin!" In my opinion.
DKK
"recess appointment of Judge William Pryor Jr. was unconstitutional"
Oh yeah .. I get it .. this (a recess appt) is only good if you're a democrat president .. did anybody tell President Bush this ..??
How fooling of the President to think he could act like a President.
Regardless, any time I read a statement by Ted Kennedy, it always sounds like the alcohol talking.
I think Kennedy's reasoning goes like this: "The President is allowed to make recess appointments. Bush really didn't win in 2000. He's therefore not the legitimate President. Therefore, the appointment is unconstitutional."
Naah, I knew that. I just didn't think anyone would use the cover of the funeral of a beloved President to sneak this attachment in.
I fearlessly predict that the Court will tell Kennedy to buzz off and get his drunken raggedy ass out of their sight, but will sympathetically give him a free drink token to the bar down the street.
Hehe, to me it always sounds like another lie so I stopped listening to him.
DKK
How about drunk, womanizer, contributing to the delinquency of relatives, aiding & abetting rape, etc.?
Wasn't the Dems not abiding by an agreement that caused the Reagan deficits? As I remember they kept adding extraneous spending to the budget bills. That is why Reagan begged for the line item veto.
They did the same thing to Bush I and to Newt Gingrich, as I remember.
I'm still looking for the brief the Swimmer filed when Clinton appointed Roger Gregory to the Fourth Circuit by recess appointment.
Curiously, I can't find it. I am shocked.
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