The Recess Appointments Disaster Drags On

Yesterday the Supreme court refused to hear three cases brought by Democratic Senators who were protesting George W. Bush's "end around" move to temporarily place right wingnut "judge" William Pryor to the 11th Circuit Court. (In case you're wondering if such appointments are important, guess who is currently considering the Terri Schiavo case. If you guessed the 11th Circuit Court, give yourself a cookie.) This is not to say that it's the end of the line for the challenge, but it is still disappointing. The one bright spot:

In a statement accompanying the cert denial, Justice John Paul Stevens emphasized the court did not necessarily reject the case because the appeal lacked merit. He suggested justices might be interested in hearing the case later when the appeals have run their full course in the lower courts.

"It would be a mistake to assume that our disposition of this petition constitutes a decision on the merits of whether the president has the constitutional authority to fill future (judicial) vacancies, such as vacancies on this court," Stevens wrote.

There are two major issues with this situation, and if you follow the GOP at all, they may sound familiar - hypocrisy and a general lack of respect for the constitution.

This is a President and a Senate majority who have spent more time than can be calculated complaining about Democratic filibusters of unacceptably conservative judicial nominees based on "their respect for the constitution." They go on and on about the role of the Senate to "advise and consent" to presidential nominations, calling for an up or down vote. However, when they don't get their way, Bush immediately turns around and highjacks the judicial confirmation process using an ancient provision which was intended for an entirely different purpose.

Yes, we have a provision which allows the President to appoint justices temporarily to the bench in extraordinary circumstances. It was put in place during a very different time. We tend to take the wonders of the modern age for granted, particularly in terms of transportation. But it wasn't all that long ago when travel was far more cumbersome. (Quick trivia question for you, sports fans... who was the first President to ride in an airplane in his "official capacity" and what year was it?)

This clause is an appendix in our legal system which needs to be removed. These days, even when Congress is not in session, if an emergency comes up you can have enough Senators and Congressmen in Washington on one day's notice to do business. It has always been the responsibility of the courts to read not only the letter of the law, but the intent as well. They have to put laws in context and evaluate cases on that basis. There was no pressing need for Bush to make an emergency appointment of William Pryor. It was simply a way to short sheet the process.

The Supreme Court needs to hear this case as soon as it finishes the appeals process and end that practice once and for all.