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Politics : Politics for Pros- moderated
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To: LindyBill who wrote (92691)12/29/2004 3:02:40 AM
From: LindyBill   of 793917
 
Recess Appointments
In the Agora blog
By Joshua Claybourn

In the battles over President Bush's judicial nominations, much has been said about using the so-called nuclear option to by-pass Democratic filibusters. But the president also has the power to place nominees on the bench immediately, regardless of the Senate by making recess appointments to fill judicial vacancies - including to the US Supreme Court.

The President's Recess Appointment Power is found in Article II, Section 2 and is challenged in just about every Presidential term or administration. In April 2003 President Bush nominated Alabama Attorney General William H. Pryor, Jr. to the U.S. Court of Appeals for the Eleventh Circuit. A minority of Senators prevented an up-or-down vote for the nomination; the 53-44 vote in favor of limiting debate was short of a super-majority of 60 Senators that the Senate Rules require. With the nomination in limbo, the President used his recess appointment power to seat Attorney General Pryor on the court until the first session of the 109th Congress end in late 2005.

In May 2004, the Sierra Club - which had opposed the Pryor nomination - moved the court to disqualify Judge Pryor from a Clean Air Act case. The Sierra Club argued that Judge Pryor's appointment was unlawful because recess appointments can be made only during the recess between sessions of Congress, and Judge Pryor was appointed during a recesss within a session. (It also contended that recess appointments of an Article II judge is not permissible at any time.)

The Recess Appointment Clause of Article II, Section 2 gives the President the 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." According to the Sierra Club, the Framers used the term "adjournment" when referring to a break within a "Session of Congress" and deliberately avoided that term in the Recess Appointment Clause.
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