Litigation

The Senate will keep the 'Fringe Five' controversial judges

By Carter Wood

Senate Majority Leader Reid and Minority Leader McConnell that worked out an arrangement that will prevent President Obama from making recess appointments before the Senate returns to session after the November elections.

As in 2008 when Sen. Reid blocked recess appointments by President Bush, the Senate will hold brief pro forma sessions twice a week. By these regular meetings, the Senate avoids being recessed for a long enough period that the President's appointment authority would go into effect. Such is the claim, at any rate. You would think a leader of the Executive Branch would challenge the limits on its authority.

With the agreement, Senate Republicans also allowed the five controversial judicial nominees that were sent back President in August to remain under Senate consideration. Thus, President Obama will not have to renominate his controversial judges: Edward M. Chen, District Judge for the Northern District of California; Louis B. Butler, Jr., Western District of Wisconsin; John J. "Jack" McConnell, Jr., to District of Rhode Island; Goodwin Liu, to be U.S. Circuit Judge for the Ninth Circuit; and Robert N. Chatigny, to be United States Circuit Judge for the Second Circuit.

• Politico, "Senate won't allow Obama recess appointments"
• The Hill, "Senate blocks recess appointments with deal between Dems, GOP"

Full post as published by Point of Law on September 30, 2010 (boomark / email).