Kennedy v. Pryor

Ted Kennedy has proposed that Shrub's recess appointment of William Pryor to the US Appeals Court in Atlanta during a one-week congressional recess may be unconstitutional. He did in a letter to the court that raised some of the same issues I did on February 22.

Recess appointments can only come "at the end of a Congress or the recess between the annual sessions of Congress," Kennedy wrote.

"No other Article III judge in the nation's history has ever received a recess appointment during a brief holiday period in the midst of a session of Congress," Kennedy added in a memo attached to the letter. ...

"The judges of the Court of Appeals for the 11th Circuit cannot and should not allow its upcoming cases to be tainted by the presence ... of a judge who may well be constitutionally or statutorily ineligible to sit," Kennedy said.

White House officials claimed the appointment was in accordance with well-established custom. They went on to add that a photo of John Kerry doing the mambo with Jane Fonda has been authenticated and that it's "well-documented" that the Moon is made of green cheese.