diet coke for breakfast

Wednesday, November 12, 2003

Posted by Jake
Recess Appointment for Pickering? Or Bork??

Legal Theory Blog has an good post on the politicization of the judicial nominee approval process (via and with comment in OxBlog).

What the Democrats are doing is an escalation and reprehensible but that doesn't change the fact that this needs to be stopped even if the Republicans have to make a deal. There are good political reasons for the Republicans and the Democrats to want to prolong this process: it is a good election issue to mobilize your supporters. Still I think that the ability to compromise is going by the wayside because of this thing and it is bringing a lot of other issues with it.

Brian -- Haven't read the OxBlog comment yet, but my fear is that a recess appointment for either of these guys would be too hard for Bush to win on politically. The argument "Look! We rejected them and Bush snuck them in the back door! What a sneak!" is much more powerful with the general public than "They were hijacking the appointment process, and I just did what would have happened anyway if they'd been playing fair," if only because the people who decide elections in this country don't have a clear enough understanding of government procedure to understand that the latter is more accurate than the former.


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