In all honesty, Chalres Pickering and I probably share very little in common politically other than we are both registered Republicans. However, after watching Schumer, Leahy, Kennedy, and Clinton launch their vile personal jihads against this guy in the nomination process, all I have to say to this is “RIGHT ON!”:
President Bush bypassed Congress and installed Charles Pickering on the federal appeals court Friday, opening an election-year fight with Democrats who had stalled the nomination for more than two years.
Bush installed Pickering by a recess appointment, which avoids the confirmation process. Such appointments are valid until the next Congress takes office, in this case in January 2005.
Pickering, a federal trial judge who Bush nominated for a seat on the 5th U.S. Circuit Court of Appeals in New Orleans, has been waiting for a confirmation vote in the Senate.
“I’m grateful to the president for his continued confidence and support,” Pickering told The Associated Press from his home in Mississippi. “I look forward to serving on the 5th Circuit.”
The President chose him- vote up or down, or deal with this recess appointment.
*** Update ***
The fact that it pisses Atrios off makes me even happier. And, btw, Atrios- Would you quit lying about the outcome- SCOTUS agreed Bush did not lie.
mark
Wonder if he’ll put the others in via recess appointment, too?
Rick Reed
Now, let’s have Robert Bork appointed to one of the circuit vacancies. Watch Chuckie Schumer’s head explode like some special effect in “Scanners.”
Cordially…
M. Scott Eiland
Appoint the whole bunch of them–as many as are willing to serve. Either you get a year of solid conservative presence on the bench before they have to go, or the makeup and/or rules change enough that some or most of them can be confirmed. Win/win for the Republicans, I’d say–particularly if Captain Teddy or Chuckie Schumer keel over during the fun.
M. Scott Eiland
“The fact that it pisses Atrios off makes me even happier.”
*reads comments over at Atrios*
I love hearing liberals whine in the afternoon. . .it sounds like–victory. ]:-)
tom scott
Bill Lann Lee was President Clinton’s recess appointment as Asst Attny General. How long did he serve without being confirmed?
Andrew Lazarus
Clinton also made recess appointments to the bench.
It’s absolutely Bush’s prerogative, but if there are still at least 45 Dems in the Senate when the recess appointment runs out, I don’t think he’ll get confirmed.
Rosemary the Queen of All Evil
“Bill Lann Lee was President Clinton’s recess appointment as Asst Attny General. How long did he serve without being confirmed?”
Clinton reappointed him twice via recess appointment.
Xrlq
I hear he also bypassed the Senate confirmation process when he offered Ms. Lewinsky some unmentionable position on his staff.
Ksec
I love it when a plan comes together. Pickering is an extremist and when the country gets a load of what the Republicans think is a good judge theyll realize how extremist the Conservatives have gone. NeoConservatism. Keep it up my freinds. Youre blowing your chance to run things by your bizzare choices and ideas. The Repubs have shot themselves by exposing themselves and their agenda. The US dont like extreme and thats what you are today.
JKC
Ksec may be right. Let’s see what kinds of decisions these fuit loop start handing down, and see how well it reflects on the GOP.
Personally, I don’t get it. There are lots of sane, principled conservative jurists out there. Why does Bush seem to home in on the loonies?
VA
If you put your partisan bias aside for one second, you’d realize that recess appointments undermine the concept of balance of power. There is a reason Congress holds confirmation hearings and votes on appointments, and it is bad for our country when anybody (Clinton and Reagan included) uses this method of governance.
Ricky
Right, Ksec, the medicare entitlement, the immigration policy, Kennedy’s education bill, the out of control spending…..those extremists are really running things.
Sometimes I wonder about the left’s drug habits….
Misha I
Seriously, you’re reacting like Bush just appointed the Anti-Christ to the bench here. What atrocities, exactly, is Pickering responsible for?
No, it’s a serious question. Educate me, please.
Steve Malynn
Lets see, the ABA gives Pickering the highest endorsement, and Pickering has been overturned as a district court judge less than any other jurist. Yep, thats one out of control extremist.
Ksec, JKC, buy a clue.
VA, If I’ve been informed correctly, Truman averaged 5 recess appointments a year, and Kennedy 8/year. It seems the Republic survived the 300 or so in the past 200+ years.
Tongue Boy
“I love it when a plan comes together. Pickering is an extremist and when the country gets a load of what the Republicans think is a good judge theyll realize how extremist the Conservatives have gone. NeoConservatism. Keep it up my freinds. Youre blowing your chance to run things by your bizzare choices and ideas. The Repubs have shot themselves by exposing themselves and their agenda. The US dont like extreme and thats what you are today.”
Spot-on satire, right down to the misspellings and lack of punctuation. Made my day…
Tongue Boy
And it’s well known that Pickering has the support of some notorious racists.
BigFire
Re: Tongue Boy
Leo is a too much of an individualist for the like of the group think NAACP.
James W.
For a more lucid discussion of Pickering’s qualifications (ahem…), head on over to the Conspiracy:
http://volokh.com/2004_01_11_volokh_archive.html#107431796030324615
For those that don’t know, the Conspirators are largely conservative and libertarian. Above all, they’re smart and almost always fair.
Unlike John and many commenters here, David tends to view the quality of potential judges as more important than short-term political victory.
Bird Dog
Bush should recess-appoint the rest of them on the eve of the GOP convention or in his acceptance speech.
M. Scott Eiland
“Bush should recess-appoint the rest of them on the eve of the GOP convention or in his acceptance speech.”
Seems a bit wasteful, since their appointments run out at the end of the Senate term–might as well do them now and fire up your base (and, conversely, to let the whining on the other side die down before the fall campaign season). Plus, it’ll give the RNC more time to gather the most insane frothings at the mouth from Captain Teddy, Shrillary, and the rest in reaction to the appointments and put them prominently in campaign ads throughout the primary season. . .
Emperor Misha I
Thanks, James W.
At first I thought “seven years for burning a cross???”, then I realized that it was on somebody ELSE’s lawn.
At any rate, I agree with the Volokhs that Pickering’s subsequent personal involvement in trying to badger the Justice Dept. into reducing the sentence was highly questionable. If defendant wants to appeal, then that is his right, but it’s not the judge’s job to cherry-pick and favor individual cases, at least not in MY opinion.
OK, one example. Still doesn’t quite explain to me why the left is shrieking like a bunch of nuns who’ve just discovered Satan hiding in the dormitory, though.
Steve
Bernstein has presented a misleading impression of the case, IMO. From what I have read, the guy who Pickering wanted to reduce the jail time for had no prior history of this kind of behavior, claimed to be drunk, and was not the purported leader (who by the way got no jail time and it was later learned shot a gun into the house of the inter-racial couple). Bernstein needs to leave that ivory tower at least once a decade or something. Oh well, he is my least favorite of the conspirators.
Pickering has done the same thing for black defendants. From what I have read he has tried to be fair with defendants when it looked like they were trying to get back on track. Check out the Curmudgeonly Clerk’s links,
Link