Nomination Nation

News, views, and gossip about judicial appointments. Please send your tips to Pozinski [at] gmail [dot] com or Senator [dot] Spectator [at] gmail [dot] com.

Thursday, October 14, 2004

Recess: Not just your favorite school subject anymore

Via Southern Appeal, we learn that the Eleventh Circuit has ruled (in an opinion you can access here) that President Bush's recess appoinment of William H. Pryor, Jr. to that court did not exceed his constitutional powers. See Art. II, sect. 2, cl. 3.

The issue is not over, though. This case will likely result in a cert petition to the U.S. Supreme Court, which may or may not decide to wade into this contentious (and very political) issue.

What the Court will do with it is anyone's guess. But the conservative justices' positions are less certain than one may think. As Professor Rappaport -- a self-proclaimed supporter of President Bush -- explains in a recent paper, an originalist view of the Constitution actually weighs against the constitutionality of recess appointments for Article III judges.

Stay tuned.


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