Tuesday, March 22, 2005

Bush 2, Teddy the Swimmer 0

Poor Teddy "Let Her Drown" Kennedy, he gets no respect and everyone thinks him the fool. That's because he is. He whined and brayed when President Bush appointed two judges when the obstructionist Donks were out of session, and he took President Bush to Federal Court. Now Teddy must really be crying in his scotch, because the Supreme Court will not hear his case and the 11th U.S. Circuit Court of Appeals ruling stands, Teddy loses.

WASHINGTON -- The U.S. Supreme Court, dodging a charged dispute over judicial nominations, declined Monday to consider whether President Bush overstepped his bounds in naming a federal judge while Congress was on a short break.

The court refused to hear a trio of cases challenging the "recess appointment" of William Pryor to the Atlanta-based 11th U.S. Circuit Court of Appeals last year. The appeals argued that Pryor's temporary appointment was an end-run around the Senate's right to confirm or reject judicial nominees.

The Constitution gives presidents authority to fill vacancies for a year or two during a Senate "recess." At issue was whether a "recess" means whenever the Senate is not meeting, such as during short intra-session breaks, or only during the Senate's annual adjournment at year's end.

"The president asserts the power to make 'recess appointments' of judges during any break of the Senate - including, literally, even a break for lunch," wrote Thomas Goldstein, a Washington attorney representing Sen. Edward Kennedy, D-Massachusetts, in the cases.

Bush administration lawyer Paul Clement countered that it has been long-standing practice for presidents of both parties to make recess appointments, including 12 Supreme Court justices, anytime the Senate is not meeting.

"A recess appointment power that could be freely invoked during a one-day inter-session recess, but would be categorically barred during a three-month intra-session recess, would be 'irrational,"' Clement wrote, noting that intra-session recesses often are one month or more.

Bush named Pryor, a former Alabama attorney general, to the 11th Circuit during a Presidents' Day recess last February, after the Senate refused twice to bring his nomination to a floor vote. The 11th Circuit serves Alabama, Florida and Georgia.

If Teddy and his fellow Donks hadn't used the Senate rules incorrectly, President Bush wouldn't have had to make recess appointments. The way the Donks have been using the filibuster rule is not constitutional, and the "recess appointments" is. The Donks don't like it when the law is used against them, they only like to use the law to obstruct other people's positions. The Donks are losing credibility every day, and by the time the elections of '06 roll around, they will have none.


Mr Minority