http://www.washingtonpost.com/wp-dyn/articles/A59216-2004Feb20.html More Provocation
Saturday, February 21, 2004; Page A18
THE NOMINATION of Alabama Attorney General William H. Pryor Jr. to the U.S. Court of Appeals for the 11th Circuit was, from the beginning, a provocation on the part of the Bush administration. Yesterday Mr. Bush made that provocation all the more provocative by installing Mr. Pryor -- who has been held up by a Democratic filibuster -- by recess appointment. Mr. Pryor is the second judge the president has placed on the bench using this procedure, which allows the president to bypass Senate confirmation for appointments made on a temporary basis. The result is that Mr. Pryor will be a judge for now, but he will leave office unless both Mr. Bush and a filibuster-proof Republican Senate majority win election this year. In other words, his prospects of longer-term service on the bench will be bound up with the electoral fate of the Republican Party -- exactly the sort of political dependency from which judges are supposed to be insulated.
That may not bother Mr. Pryor, whose political view of the courts was the reason we opposed him to begin with. We have supported several of Mr. Bush's conservative nominees and urged fair treatment for all. But the opposition to Mr. Pryor's nomination was well justified by his repeated descriptions of courts and judging in overtly political terms. His willingness to accept a recess appointment only underscores his unfitness.