Jottings By An Employer's Lawyer

Thursday, October 14, 2004

11th Cir. Upholds Judge Pryor's Recess Appointment

The 11th Circuit reaffirms one of its own, albeit he will be one of them only for a short period. Rejecting a challeng to Judge William H. Pryor Jr.'s February 20, 2004 appointment to the 11th Circuit during a Senate recess, the Court holds President Bush was acting within his constitutional powers to make recess appointments in appointing the former Alabama Attorney General. Evans v. Stephens (11th Cir. 10/14/04) [pdf]. Notwithstanding the victory, the Court does remind of the shortcomings of such an appointment, "For those who fear judicial recess appointments because the appointments bypass the Senate completely, we stress the obvious: the temporary judges lose their offices at the end of the Senate’s next Session."

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