Bush names judge despite filibuster

President Bush sidestepped the Senate yesterday and made a recess appointment of Judge Charles W. Pickering of Mississippi to the U.S. 5th Circuit Court of Appeals.

The recess appointment, which needs no Senate approval, will be effective through the life of the present Congress, which expires in January 2005. President Bush made it after nearly a year of filibustering from a group of Democrats who have been opposed to Judge Pickering, whom they have depicted as insensitive to civil rights, and five other nominees offered by Mr. Bush.

“A bipartisan majority of senators supports his confirmation, and if he were given a vote, he would be confirmed,” Mr. Bush said. “But a minority of Democratic senators has been using unprecedented obstructionist tactics to prevent him and other qualified individuals from receiving up-or-down votes.

“Their tactics are inconsistent with the Senate’s constitutional responsibility and are hurting our judicial system.”

Sen. Trent Lott, Mississippi Republican and longtime friend of Judge Pickering, hailed the appointment of the “outstanding jurist” and said his nomination had been “stifled by special interests who have unfairly smeared the reputation of a good man just to pursue their very narrow political agenda.”

Senate Democrats scolded Mr. Bush for “circumventing” the process by appointing Judge Pickering without the “advice and consent” of the Senate as required by the Constitution.

“It is now clear that the White House will exploit any procedural tactic in order to pack the courts with right-wing ideologues,” said Minority Leader Tom Daschle, South Dakota Democrat.

Sen. Edward M. Kennedy, Massachusetts Democrat, said the maneuver “serves only to emphasize again this administration’s shameful opposition to civil rights.”

“The president’s recess appointment of this anti-civil-rights judge the day after laying a wreath on the grave of Martin Luther King is an insult to Doctor King, an insult to every African American and an insult to all Americans who share Doctor King’s great goals,” said Mr. Kennedy.

The Constitution allows recess appointments. Throughout history, presidents have made more than a hundred recess appointments of judges, including 15 to the Supreme Court. In many cases, those judges were later confirmed.

Under this appointment, Judge Pickering, who was previously a lower federal court judge in Mississippi, will serve on the appellate bench until the new Congress convenes, which is January 2005. Republicans hope that by that time they will have won enough new seats in the Senate to override the Democratic filibusters against Mr. Bush’s nominees.

“Frankly, opponents have only themselves to blame,” said Sen. John Cornyn, Texas Republican and member of the Judiciary Committee. “They’ve prevented an up-or-down vote and the president exercised a constitutional option to end an unconstitutional filibuster against a nominee with bipartisan, majority support.”

Mr. Bush’s decision comes as conservatives nationwide have grown increasingly frustrated with Mr. Bush and Republicans in general over what they see as profligate spending at a time when the Republicans control the White House and both houses of Congress.

In particular, conservatives are angry over the recent expansion of Medicare. Also, many are angry over Mr. Bush’s recently announced policy on immigration, which they say is amnesty for immigrants who are living here illegally.

Story Continues →