ACLJ Pleased Supreme Court Lets Lower Court Decision Stand Upholding Appointment of Judge William Pryor to Federal Appeals Court

March 21, 2005

(Washington, DC) The American Center for Law and Justice (ACLJ), which focuses on constitutional law, said today it is pleased that the Supreme Court has let stand a federal appeals court ruling that President Bush exercised proper constitutional authority in making a recess appointment by naming former Alabama Attorney General William Pryor to a seat on the U.S. Court of Appeals for the Eleventh Circuit.  Todays action by the Supreme Court rejects a legal challenge backed by Senator Ted Kennedy. 

The Supreme Court acted properly in turning away these appeals in a matter where the President clearly exercised his constitutional authority in making a recess appointment to the federal judiciary, said Jay Sekulow, Chief Counsel of the ACLJ, which supported the Pryor nomination.  Were delighted the Supreme Court let stand a decision by the federal appeals court.  President Bush took appropriate and constitutional action in naming Judge Pryor to a seat on the federal appeals court.  The legal challenge by Senator Kennedy was flawed from the start.  The decision by the Supreme Court not to take this case represents an important victory for the Constitution and the President who has the authority to make recess appointments to the federal judiciary.

Last October, a decision by the U.S. Court of Appeals for the Eleventh Circuit upheld Judge Pryors appointment.   The ACLJ filed an amicus brief in support of Judge Pryors appointment on behalf of itself and former U.S. Attorney General Edwin Meese. 

While arguing the President exercised proper constitutional authority in making the Pryor appointment, the brief also contended that it would be inappropriate for the court to intervene in an in-house dispute in the Senate, saying the Senate is capable of handling such issues without the involvement of the judiciary.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice has repeatedly called for an end to the judicial filibusters aimed at preventing an up-or-down vote on President Bushs judicial nominees.  The ACLJ, which focuses on constitutional law, is based in Washington, D.C.