[VRWC_minion]

Berry has facts on her side

Sec. 1975. Establishment of Commission

• (a) Generally
  There is established the United States Commission on Civil Rights (hereinafter in this chapter referred to as the ''Commission'').

• (b) Membership
  The Commission shall be composed of 8 members. Not more than 4 of the members shall at any one time be of the same political party. The initial membership of the Commission shall be the members of the United States Commission on Civil Rights on September 30, 1994. Thereafter vacancies in the membership of the Commission shall continue to be appointed as follows:
  • (1) 4 members of the Commission shall be appointed by the
    President.
  • (2) 2 members of the Commission shall be appointed by the
    President pro tempore of the Senate, upon the recommendations of
    the majority leader and the minority leader, and of the members
    appointed not more than one shall be appointed from the same
    political party.
  • (3) 2 members of the Commission shall be appointed by the
    Speaker of the House of Representatives upon the recommendations
    of the majority leader and the minority leader, and of the
    members appointed not more than one shall be appointed from the
    same political party.

• (c) Terms
  The term of office of each member of the Commission shall be 6 years. The term of each member of the Commission in the initial membership of the Commission shall expire on the date such term would have expired as of September 30, 1994.

• (d) Chairperson
  • (1) Except as provided in paragraphs (2) and (3), the individuals serving as Chairperson and Vice Chairperson of the United States Commission on Civil Rights on September 30, 1994 shall initially fill those roles on the Commission.
  • (2) Thereafter the President may, with the concurrence of a majority of the Commission's members, designate a Chairperson or Vice Chairperson, as the case may be, from among the Commission's members.
  • (3) The President shall, with the concurrence of a majority of the Commission's members, fill a vacancy by designating a Chairperson or Vice Chairperson, as the case may be, from among the Commission's members.
  • (4) The Vice Chairperson shall act in place of the Chairperson in the absence of the Chairperson.

• (e) Removal of members
  The President may remove a member of the Commission only for neglect of duty or malfeasance in office.

• (f) Quorum
  5 members of the Commission constitute a quorum of the Commission

[VA Advogado]

Berry and Wilson are trying to argue that that the terms are no longer staggered. However, once they become staggared (as they were made so prior to 1994 and thereafter validated with those changes) they are forever staggared. Anyone appointed in mid term serves only so long as the original appointee. They have no leg to stand on.

[ladyinred]

However, Wilson was NOT appointed to a 6 year term, she was appointed to fill the unexpired appointment of someone else. Her temporary appointment is expired. Period, end of sentence, end of appointment.
The term of the person's place she took expired November 29, 2001.

[Howlin]

Berry has facts on her side

She does not. Victoria Wilson was appointed to FULFILL a term of ANOTHER commissioner. She doesn't have a prayer of winning this.

[PeoplesRepublicOfWashington]

She has no facts on her side, only a very weak interpretation of law. And, her silence over the years on the length of the appointment in question leads me to conclude that she tacitly agreed with the Clinton Administration's interpretation. She picked poor ground on which to empty her magazine.

[gjenkins]

"Not more than 4 of the members shall at any one time be of the same political party."

Ooooooh ... That'a why she (Berry) claims she is an independent!

[MissAmericanPie]

The President may appoint a member to fill a vacancy. For a vacancy to be termed other than a fill in for a length of the absent member's term is really stretching it, especially given that the President that appointed her to fill a vacancy also noted the date that was to be the end of her term.

They are way off base, both should be terminated, one because the term she was filling in for has expired, and the other for malfeasance of office.