quasi in rem

Monday, January 26, 2004

Good Discussion of Pickering Appointment at Claremont Institute

The Claremont Institute's blog, The Remedy has a nice discussion going on as to a possible bold strategy for a new wave of recess appointments should the fillibuster hold.

Now most of these appointments would be constitutionally impermissable, unles they are nominated prior to a recess, however one name that he does not name is Attorney General Pryor.

The post to which Attorney General Pryor was nominated occurred durin and intersession recess, unlike Pickerings post, which occurred during an intrasession recess, and his nomination will likely still be pending during the next Congressional recess.

Similarly, Attorney General Pryor could no doubt put together a staff at a rapid clip and begin hearing cases. However he would have to give up his post, and he may not get a vote. However, if his nomination is still pending next Christmas, and the Republicans gain seats in the Senate, then the President should appoint him win or lose the election.

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