The Senate is now so polarized that this sounds like the way to go.
Bush urged: Seat judges over recess By Alexander Bolton Washington Times
Some key Republican senators want President Bush to to overcome Democratic filibusters by appointing conservative judges to the federal circuit courts when the Senate recesses.
While the White House is so far taking a cautious approach toward the idea, the president is believed to be open to this approach.
While federal judges are named for life, a recess appointment would expire at the end of 2004 unless the Senate acted on the stalled nominations.
If Bush went along, his action could be viewed as an escalation in the partisan battle over judicial nominees that has already bogged down the Senate this week and endangers the prospect of a pre-Thanksgiving adjournment.
Senate Judiciary Committee Chairman Orrin Hatch (R-Utah) recommends that the White House appoint Charles Pickering Sr. to the U.S.Court of Appeals for the 5th Circuit during the upcoming recess.
“I’m for them doing Pickering,” said Hatch. “It’s not the way I would usually want to go.”.......
.........There are drawbacks, however.
“The nominees understand this puts them in the political crosshairs of Democrats,” said Kyl. “Some view it as sticking it in the eye of Democrats.”
One prominent conservative activist predicted that a recess appointment would provoke a political firestorm in the Senate.
Nevertheless, many conservative social activists favor that path.
“A number of conservatives think Bush could dramatize what is happening in the Senate, draw a line in the sand by making a recess appointment or two,” said Richard Lessner, the executive director of the American Conservative Union. “It would escalate the situation, but we think it’s warranted.”
“Among conservatives, I think there would be considerable support for it,” he said. “This is the kind of extraordinary circumstance for which the Framers envisioned the recess appointment. The president has demonstrated an excess of patience in getting these nominees confirmed.” REST AT thehill.com |