Kennedy Questions Bush Recess Appointment

[rodbarnett]

WASHINGTON (AP) - President Bush's appointment of former Alabama Attorney General William Pryor to the U.S. Appeals Court during a congressional recess may be unconstitutional, contends Sen. Edward Kennedy, D-Mass.

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The appointment came on the last day of Congress's weeklong President's Day holiday break. The Constitution gives the president authority to install nominees in office when Congress is not in session.

<snip>

Recess appointments can only come "at the end of a Congress or the recess between the annual sessions of Congress," Kennedy wrote.

"No other Article III judge in the nation's history has ever received a recess appointment during a brief holiday period in the midst of a session of Congress," Kennedy added in a memo attached to the letter.

http://apnews.myway.com/article/20040308/D816C3T01.html

[Khephra]

1. dupe

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x409471