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By Feddie Posted in Uncategorized — Comments () / Email this page » / Leave a comment »

Michael Kirkland has an interesting piece in the Washington Times on the speculation surrounding the pending cert. petitions challenging Judge William H. Pryor, Jr.'s recess appointment to the Eleventh Circuit Court of Appeals. Here's a taste:

The specific target of the challenges is President George W. Bush's recess appointment of William Pryor as a federal appeals court judge, but any action by the high court of course would affect all recess appointments of federal judges.

Normally, the Supreme Court considers a case behind closed doors and either accepts it for argument or rejects it. More rarely do the justices linger over a case like a stockbroker drooling over the Social Security fund.

But at least one of the Pryor challenges has survived three closed-door conferences without any action and remains in limbo.

The speculation in the Supreme Court press room is that at least one of the justices is writing an opinion and has something very serious to say on the subject, even if the rest of the justices reject review.

One theory has the high court holding on to the challenges until they're rendered moot -- no longer in dispute -- when Pryor's recess appointment expires. The justices have rejected expedited review in the case.

Even when the recess appointment expires at the end of the year, however, it won't change the facts in the cases being considered by the Supreme Court, and it would be tough, though not impossible for the infallibles, to rule that there is no longer a dispute.

What would cause shock and awe would be if the Supreme Court actually accepted the case for argument next term. That would bring the country to the brink of a constitutional crisis -- something a large majority of the justices would avoid at all costs, even if they have their doubts about recess appointments.

Pryor has had an interesting career. Democrats revile him for his conservative positions as attorney general of Alabama, and he has expressed support for displays of religious symbols, such as the Ten Commandments, on public property.

But he was also instrumental in helping to remove Alabama Chief Justice Roy Moore from office when the justice refused a federal court order to remove a massive Ten Commandments monument from the Rotunda of the Judiciary Building in Montgomery.

You can read my speculation on the likely disposition of the cert. petitions challenging the constitutionality of Pryor's recess appointment by the Supremes here.