http://www.fed-soc.org/Publications/practicegroupnewsletters/PG%20Links/recessappointments.htmClinton Philosophy: Forget the Constitution -- Win At All CostsOn November 19, Senator Inhofe announced that President Clinton has sent a list of thirteen potential recess appointees to the Senate, none of them judicial nominees. There are either holds or intended holds on five of the nominations, according to Inhofe. One of those controversial nominees, Bill Lann Lee, has been illegally serving as Acting Assistant Attorney General for Civil Rights since December 15, 1997. At that time, Clinton justified Lee's appointment-which was not covered by the Vacancies Act-by saying "I have done my best to work with the United States Senate in an entirely constitutional way. But we had to get somebody into the Civil Rights Division."
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Senator Inhofe should be commended for opposing recess appointments clearly intended to circumvent the Senate's constitutional role in consenting to appointments. It is unfortunate that he is not taking a hard line against all unconstitutional recess appointments.Nevertheless, it is great to see a Senator taking a stand on this issue.
The Senate should do whatever it takes to discourage unconstitutional recess appointments. And hopefully, the threat of holds on judicial nominations will be enough to dissuade Clinton from his ploy to skirt the legitimate confirmation process.
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