In the amicus briefing, Kennedy argued that President George W. Bush’s recess appointment of Judge William Pryor to the 11th Circuit Court of Appeals was unconstitutional. Kennedy thought the appointment was unconstitutional because the Senate was not officially on a recess. The Senate had been adjourned for 10 days before Bush exercised his recess appointment power.The ever shrinking Constitution.
“President Bush announced Judge Pryor’s recess appointment on the afternoon of Friday, February 20, 2004, the last business day before the Congress returned from its ten-day adjournment,” Kennedy wrote. “As discussed in the argument below, that brief adjournment is by far the shortest intra-session ‘recess’ during which a president has ever invoked the Recess Appointments Clause to appoint an Article III judge.”
As I have written before, the solution to this is for the US Senate, as a corporate body, to issue a quiet rebuke to the President. Perhaps Senator Reid could mention to President [of the Senate] Biden that he, Senator Reid, is putting on hold all Administration nominations, present and future, on hold until those four show up for hearings. Make the hearings tough. Then vote to confirm them, even numbers of Democrats and Republicans and not one vote more than needed.
Unfortunately, those 100 men and women see themselves as political operatives rather than members of the world's greatest deliberative body.
Regards — Cliff