Kennedy asks for ruling on judge's appointment
By JESSE J. HOLLAND
Associated Press
Published on: 03/08/04
WASHINGTON -- President Bush's congressional recess appointment of former Alabama Attorney General Bill Pryor to the 11th U.S. Circuit Court of Appeals in Atlanta may be unconstitutional, Sen. Edward Kennedy (D-Mass.) contends.
Bush on Feb. 20 gave Pryor an almost two-year stint on the court, calling him a "leading American lawyer" and saying Democrats used "unprecedented obstructionist tactics" last year to stop his confirmation by the Senate.
The appointment came on the last day of Congress' weeklong Presidents Day holiday break.
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In a letter released Monday, Kennedy, a high-ranking member of the Senate Judiciary Committee, wrote to the 11th Circuit that "a serious question exists as to whether Judge Pryor's recess appointment is constitutional." He asked the court to determine the validity of the appointment, so as to not taint any decisions in which Pryor may be involved.
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http://www.ajc.com/news/content/news/0304/09pryor.html