Bush Bypasses Congress on Conservative Court Pick

[Dreamer128]

By Caren Bohan
WASHINGTON (Reuters) - President Bush on Friday bypassed the U.S. Congress to install Mississippi judge Charles Pickering on a federal appeals court and infuriated Democrats who had blocked his appointment for more than two years.

Bush said in a statement he was acting to address a "judicial emergency" by naming Pickering to the 5th U.S. Circuit Court of Appeals.

Democrats, who have attacked Pickering's civil rights record and blocked his nomination twice, were outraged.

"By circumventing the Senate to recess appoint Charles Pickering, the president has confirmed that he has no interest in working in a bipartisan manner to appoint moderate judges who will uphold the law," said Senate Democratic Leader Tom Daschle.

"It is now clear that the White House will exploit any procedural tactic in order to pack the courts with right-wing ideologues," he said.

Bush accused Democrats of "obstructionist tactics" in blocking the nomination and urged Senate Democrats to "stop playing politics" with his judicial appointments.

The recess appointment -- made as Congress's winter break is about to draw to a close -- allows Pickering to serve until lawmakers end their current session, possibly as early as October.

CHARGED ISSUE

A battle between Bush and congressional Democrats over judicial appointments is likely to be especially charged this election year.

To rally supporters, Democrats may hammer home concerns about possible selections by Bush not only to appeals courts but also to the U.S. Supreme Court, where issues of civil rights and abortion rights are likely to come up.

Former Vermont Gov. Howard Dean, leading the pack of Democrats vying to challenge Bush, linked Pickering's appointment and Bush's visit to the grave of slain civil rights leader Martin Luther King Jr.

While laying a wreath at King's grave in Atlanta on Thursday, Bush was booed by hundreds of protesters. Thursday marked the 75th anniversary of King's birth, which will be commemorated on Monday, a U.S. holiday.
"It is especially offensive that the President made this decision on the eve of the Martin Luther King Jr. national holiday, and one day after his photo op at Dr. King's grave," Dean said in a statement.

Senate Democrats had refused to allow Pickering's nomination to move to a confirmation vote. Republicans, who hold a narrow majority in the Senate, failed to come up with the 60 votes that would have been needed to overcome the filibuster.

New York Sen. Charles Schumer called the appointment "a finger in the eye to all those seeking fairness and bipartisanship in the judicial nominations process."

Foes charged Pickering cannot be trusted with civil rights. They said he intervened in a 1994 cross-burning case to reduce the sentence of a white defendant.

But proponents said Pickering, a product of the Old South, emerged as a force for racial reconciliation and in 1967 testified against the Ku Klux Klan.

Bush defended Pickering by pointing out that he had previously been confirmed as a district court judge. He said Pickering had "served with distinction."

[Source: Reuters]

[khazadman]

Bush wouldn't have to do this if the dems would just obey the constitution. And Schumer calling someone partisan is like Sen Fritz Hollings calling Sen Robert Byrd a racist.