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Recess Appointment of Judge Violates Constitution December 28, 2000 WASHINGTON -- U.S. Sen. James M. Inhofe (R-Okla.) said today that President Clinton's decision yesterday to fill a federal judgeship with an unconstitutional "recess appointment" would prompt a bipartisan effort to block the judge's confirmation to a life-term appointment. "The President has acted outside the proper bounds of the Constitution and I am determined that the Senate will respond to this abuse of power," Inhofe said. "It is outrageously inappropriate for any president to fill a federal judgeship through a recess appointment in a deliberate effort to bypass the Senate. "While this recess appointment will only last one year, a life-term appointment requires Senate confirmation. I am announcing today that I will place a hold on this nomination to prevent such Senate confirmation. In light of the Constitutional issues involved and the need to uphold Senate prerogatives, I expect bipartisan support for these efforts." Inhofe emphasized that he is not challenging the merits of this particular judge nominee, Roger Gregory of Richmond, Va. Whether this nomination is good or bad for the federal judiciary is beside the point. He said the critical issue is how the appointment is being made. For the past two years, Inhofe has been a leader in calling attention to the President's continuing abuse of the recess appointment power under the Constitution, and this is just one more example. Inhofe noted that the President's action not only violates the President's written agreement to notify the Senate--in advance--of contemplated recess appointments, but also defies explicit warnings from the current Republican Senate Majority Leader (Sen. Trent Lott, R-Miss.) and a former Democratic Majority Leader, (Sen. Robert Byrd, D-W.V.). Speaking on the Senate floor Dec. 15, Byrd said he was "opposed to judgeship appointments during a recess," and Lott said "any appointment of a Federal judge during a recess should be opposed, regardless of who they are or whether it is Republican or Democrat."
And ye shall know the truth, and the truth shall make you free.
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