Judge Rules In Favor Of Wilson In Civil Rights Commission Case

CNSNews.com ^ | 2/04/02 | Melanie Hunter

[kattracks]

CNSNews.com) - Federal Judge Gladys Kessler ruled Monday in favor of Victoria Wilson and against President Bush's most recent appointment to replace Wilson on the U.S. Commission on Civil Rights, Peter Kirsanow.

The Justice Department said it will appeal the judge's ruling.

At issue is whether federal law allows Wilson to serve a full six-year stint on the panel, or only the unexpired portion of Higginbotham's term to which she was appointed.

The 1983 law reauthorizing the USCCR specifically limited commissioners appointed to fill unexpired terms to the remaining length of the original term. A 1994 reauthorization law did not include that language. However, it also included no contradictory provisions.

[VRWC_minion]

It dawned on me that applying the agent/principal argument that the president (Clinton) can limit the time a commission member may serve as put forth by Billy results in an outcome that goes contrary to the concept of an independent commission.

If a president can appoint someone to a lesser term than the full term then, the president has control over that appointee. Played out to its extreme the president could theoretically set a month to month appointment and hold back renewal of that appointment when actions are not in line with the presidents wishes. This subverts the intent of independence as well as the narrow requirements to remove someone.

I believe the above eliminates the logic of Billy's first reason and he is back to merely the intent of congress questions.