Kennedy Wants Fed Apellate Judge Off Bench

Las Vegas SUN ^ | July 02, 2004 at 14:47:11 PDT | Mark Sherman

[arbee4bush]

WASHINGTON (AP) - Sen. Edward Kennedy is trying for the third time to persuade the colleagues of federal appellate Judge William Pryor to bump him from the bench.

The Massachusetts Democrat is asking the 11th U.S. Circuit Court of Appeals in Atlanta to rule that President Bush's appointment of Pryor in February during a congressional recess was unconstitutional.

"Immediate consideration of this issue is critical: Judge Pryor has already sat or is scheduled to sit on over 60 cases, all of which may have to be reheard and re-decided if his appointment is ultimately adjudged invalid," Kennedy said in a brief filed in a case about police immunity from lawsuits.

He plans to mount a similar argument in another case that has been appealed to the U.S. Supreme Court, Kennedy aide James Flug said.

On the last day of Congress' weeklong Presidents Day break, Bush gave Pryor, a former Alabama attorney general, a seat on the court until January 2006. The Constitution gives the president authority to install nominees in office when Congress is not in session.

Democrats had blocked Pryor's confirmation by the Senate.

Recess appointments can only come at the end of a Congress or the recess between the annual sessions of Congress, not during a brief holiday, Kennedy wrote.

The president has defended Pryor's appointment as proper and necessary to overcome Democrats' "unprecedented obstructionist tactics."

Kennedy first raised the issue informally in a letter in March, suggesting that the court determine the validity of the appointment so as not to taint any decisions involving Pryor.

[CyberAnt]

This is so ridiculous .. Kennedy's brain has to be so pickled he cannot understand President Bush had a right to appoint Pryor. If not, then Clinton didn't have a right to do the same thing.

What bothers me about this is the people who don't know the Constitution provides for recess appointments and Kennedy is blowing smoke (of a suspicious nature).

[deport]

If not, then Clinton didn't have a right to do the same thing.

---

Clinton's only recess judicial appointment came during a recess of the Congress on Dec. 27, 2000.... However I expect one can find other appointments out of the over 300 recess judicial appointments made by other Presidents which were made during a break in Congress rather than a recess..... thus a pattern/historical precedent.

[The Wizard]

teddy has really become an asshole....

[Lancey Howard]

Kennedy is afraid of something.

[1066AD]

The fact that Teddy is even in the senate is amazing; no, nauseating. I received this email today and have sent to my kids.

Hello My name is Mary Jo Kopechne. I would have been 65 years of age this year. Read about me and my killer below.

When Sen. Ted Kennedy was merely just another Democrat bloating on Capitol Hill on behalf of liberal causes, it was perhaps excusable to ignore his deplorable past.

But now that he's become Sen. John Kerry's leading campaign attack dog,positioning himself as Washington's leading arbiter of truth and integrity, the days for such indulgence are now over.

It's time for the GOP to stand up and remind America why Sen. Kerry's chief spokesman had to abandon his own presidential bid in 1980 - time to say the words Mary Jo Kopechne out loud.

As is often the case, Republicans have deluded themselves into thinking that most Americans already know the story of how this "Conscience of the Democratic Party" left Miss Kopechne behind to die in the waters underneath the Edgartown Bridge in July 1969, after a night of drinking and partying with the young blonde campaign worker.

But most Americans under 40 have never heard that story, or details of how Kennedy swam to safety, then tried to get his cousin Joe Garghan to say he was behind the wheel. Those young voters don't know how Miss Kopechne, trapped inside Kennedy's Oldsmobile, gasped for air until she finally died, while the Democrats' leading Iraq war critic rushed back to his compound to formulate the best alibi he could think of.

Neither does Generation X know how Kennedy was thrown out of Harvard on his ear 15 years earlier -- for paying a fellow student to take his Spanish final. Or why the US Army denied him a commission because he cheated on tests.

As they listen to the Democrats' "Liberal Lion" accuse President Bush of "telling lie after lie after lie" to get America to go to war in Iraq, young voters don't know about that notorious 1991 Easter weekend in Palm Beach, when Uncle Teddy rounded up his nephews for a night on the town, an evening that ended with one of them credibly accused of rape.

It's time for Republicans to state unabashedly that they will no longer "go along with the gag" when it comes to Uncle Ted's rants about deception and moral turpitude inside the Bush White House. And if the Republicans don't, let's do it ourselves by passing this forgotten disgrace around the Internet to wake up memories of what a fraud and fake Teddy really is.

The Democratic Party, not to mention Sen. John Kerry, should be ashamed to have the national disgrace from Massachusetts as their spokesman. And the GOP needs to say so out loud

[gitmo]

The Constitution of the United States of America

Article II
Section 2. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

I wonder if Senator Kennedy has ever read this document?

[4integrity]

Hi Cyber. We know President Bush had the right to appoint Pryor but what scares me is that, these days, the liberal judges don't seem to care what the Constitution says...they make or change laws to fit their liberal agendas. We can't let this happen.

[Frank_2001]

Have another Scotch and soda, you drunken POS!

[Tax Government]

Teddy K., Wasn't your graddad either an organized crime guy, or an associate?

[billclintonwillrotinhell]

teddy has really become an asshole....

That happened a few decades ago.

[Bonaparte]

It may amuse you to read the official US Senate definition of "recess".

[taxesareforever]

Recess appointments can only come at the end of a Congress or the recess between the annual sessions of Congress, not during a brief holiday, Kennedy wrote.

Is this in the same Kennedy rule book that says a Senator from Massachussetts can't be charged with manslaughter?

[ladyinred]

Yet another outrage from the murdering thug. I am beyond disgusted at the entire group of lying scum who make up my former party.

[CyberAnt]

I agree. Some of these dems are really pushing the envelope.

I heard Sen. Hatch being interviewed on Hannity's radio show today. He and Sean were discussing the problem about getting judges confirmed (15-17 or so are still waiting). And .. these are the most crucial judges - the district courts; including D.C.

Although I'm not fond of Sen. Hatch, he made a comment at the very end of his conversation with Sean .. something about their being a plan in the works to fix that problem (meaning the judges).

[nopardons]

bttt

[CyberAnt]

I thought that anytime Congress was NOT IN SESSION, the President could make a recess appt ..??

If that's not the case, then why did Daschle make a deal with Bush not to appt anymore judges until the congressional session ends in December ..??

If Bush could only make recess appts in Dec, then why make the deal .. it wouldn't be necessary. As usual the dems want to have it both ways.

[DJ Frisat]

Amusing, indeed. Good find! Nightly recesses -- I like that.

Of course, the Constitution didn't really mean that, it's a living, breathing document that requires a Democrat to tell us what it all means.

[Calvin Locke]

Don't forget his father was a Nazi sympathizer. While ambassador to the Britain. During WWII.

And he's buried in Arlington.

Shameful.