[TomGuy]

Well, not really that good of news.

Pickering's term on the court will automatically end at the end of the current session of the Senate--Dec 2004. So technically, Pickering will be on the bench one year. Thereafter, his position will be open again.

GWB should have done this 2 years ago when he first nominated Pickering.

[Kaslin]

GWB should have done this 2 years ago when he first nominated Pickering.

Better late then not at all

[RowdyYates]

Can someone explain the rules at the end of his term, i.e. - does the Senate then have to vote up or down?

[jla]

Yes, I realize that, Tom. But at least we're finally making some noise rather than appease the libs on the Sen. Judiciary Comm.

[BJClinton]

GWB should have done this 2 years ago when he first nominated Pickering.

I think he chose now so he can mollify his consertive campaign contributors about the amnesty BS. He maybe gets some Latin American votes and maybe can keep his conservative contributors.

[Bloody Sam Roberts]

Pickering's term on the court will automatically end at the end of the current session of the Senate--Dec 2004. So technically, Pickering will be on the bench one year. Thereafter, his position will be open again.

Not if we pick up more Senate seats in the '04 election. Then we can get the 60 votes and confirm anyone. IIRC, there are 4 seats up for grabs.

[TheDon]

A new Senate term, with an increase in Republican Senators would allow Pickering's appointment to be made permanent.

[Recovering_Democrat]

GWB should have done this 2 years ago when he first nominated Pickering.

Then Pickering's term would've been up at the end of the last Congressional term, and the 'rats would've had an issue to use against the Republicans during mid-terms.

I wish he'd have done something earlier, too, but I'm not going to argue with this. Bush wins big in November '04, the January '05 Congress will want to play ball...

[DrDeb]

Refer to my post at #130 -- nobody's going to work UNPAID for 3 years; not even Pickering [FYI: This is why Estrada REFUSED a recess appointment!]

[Salvation]

I agree that sooner would have been better!

[SuziQ]

Pickering's term on the court will automatically end at the end of the current session of the Senate--Dec 2004. So technically, Pickering will be on the bench one year

True, but it will also span the time between the elections and swearing in of new Senators. I think the results might give them pause, and maybe some Rat Senators might want to noodle on that before Pickering's vote comes up next time.

[RayFrederick]

Judge Pickering will now sit on the 5th Circuit for life. Nothing in the Executive (Art. II) or the Legislative (Art. III) branches has the power to Limit the term of an Article III Judge. It is a loophole with three conflicting powers in the Constitution.

Art. III judges serve an uninterrupted term as long as they have "good behavior". The President has the power to make "recess appointments" which last until the end of the congressional session. The Senate has the power to "advise and consent" normal nominees.

However, since the appointment was made while Congress was in recess, and since an Article III judge serves for life, the appointment cannot be reduced and it is a lifetime appointment.

I believe that this is the first Test Case that President Bush will submit.

The precedent is a 1985 (9th Circuit case - yes that 9th circuit) which upheld the validity of such a judicial recess appointment.

[RayFrederick]

Judge Pickering will now sit on the 5th Circuit for life. Nothing in the Executive (Art. II) or the Legislative (Art. III) branches has the power to Limit the term of an Article III Judge. It is a loophole with three conflicting powers in the Constitution.

Art. III judges serve an uninterrupted term as long as they have "good behavior". The President has the power to make "recess appointments" which last until the end of the congressional session. The Senate has the power to "advise and consent" normal nominees.

However, since the appointment was made while Congress was in recess, and since an Article III judge serves for life, the appointment cannot be reduced and it is a lifetime appointment.

I believe that this is the first Test Case that President Bush will submit.

The precedent is a 1985 (9th Circuit case - yes that 9th circuit) which upheld the validity of such a judicial recess appointment.