Pryor judicial confirmation ruling [US 11th Circuit]
Pryor judicial confirmation ruling [US 11th Circuit]

Evans and Jordan v. Stephens, United States Circuit Court of Appeals for the Eleventh Circuit, October 14, 2004 [holding that President Bush acted legally when he appointed William Pryor to the appeals court bench during a holiday recess of the Senate]. Excerpt:

Twelve Presidents have made more than 285 intrasession recess appointments of persons to offices that ordinarily require consent of the Senate. So, given the words of the Constitution and the history, we are unpersuaded by the argument that the recess appointment power may only be used in an intersession recess, but not an intrasession recess. Furthermore, what we understand to be the main purpose of the Recess Appointments Clause — to enable the President to fill vacancies to assure the proper functioning of our government — supports reading both intrasession recesses and intersession recesses as within the correct scope of the Clause. That an intersession recess might be shorter than an intrasession recess is entirely possible. The purpose of the Clause is no less satisfied during an intrasession recess than during a recess of potentially even shorter duration that comes as an intersession break.

Read the full text of the ruling here [PDF]. Reported in JURIST's Paper Chase here.