October 15, 2004

Yesterday the U.S. Court of Appeals for the Eleventh Circuit rejected a challenge to President Bush's recess appointment of William H. Pryor, Jr. to that court earlier this year. Eight judges signed on to the order in Evans v. Stephens, which concludes that "both the words of the Constitution and the history of the nation support the President's authority." One judge dissented on the merits (Judge Barkett), and one dissented on the grounds that the court should have declined to rule on the motion in order to certify it to the U.S. Supreme Court (Judge Wilson).