ACLJ Pleased Appeals Court Upholds Appointment of Judge William Pryor to U.S. Court of Appeals for Eleventh Circuit.

WASHINGTON -- ACLJ Poised to Respond to Likely Appeal Backed by Sen. Kennedy to the Supreme Court

The American Center for Law and Justice, which specializes in constitutional law, said today it is pleased that a federal appeals court has ruled that President Bush exercised proper constitutional authority in making a recess appointment by naming former Alabama Attorney General William Pryor to a seat on the U.S. Court of Appeals for the Eleventh Circuit - turning back a legal challenge backed by Senator Ted Kennedy. The ACLJ filed an amicus brief in support of Judge Pryor's appointment on behalf of itself and former U.S. Attorney General Edwin Meese.

"We're pleased that the appeals court acted to protect the constitutional authority of President Bush in making recess appointments to the federal judiciary," said Jay Sekulow, Chief Counsel of the ACLJ, which supported the Pryor nomination. "From the beginning, it was our view that Senator Kennedy's challenge was legally flawed and we expected that his lawsuit challenging Judge Pryor's appointment would fail. We now expect Senator Kennedy to appeal to the U.S. Supreme Court and we stand ready to support Judge Pryor's appointment and the President's authority to make such an appointment at the high court."

Sekulow added: "We are confident that the President's authority will be upheld and urge Senator Kennedy to end his challenge to Judge Pryor's appointment and bring an end to the obstructionist tactics he is utilizing in the Senate to prevent up-or-down votes on President Bush's nominees."

A decision came today from the U.S. Court of Appeals for the Eleventh Circuit upholding Judge Pryor's appointment. The ACLJ filed an amicus brief (posted online at www.aclj.org) on behalf of itself and former U.S. Attorney General Edwin Meese III in the case.

The brief contended that the President exercised proper constitutional authority in making the Pryor appointment. The brief argued that it would be inappropriate for the court to intervene in an in-house dispute in the Senate, saying the Senate is capable of handling such issues without the involvement of the judiciary.

The American Center for Law and Justice, which has repeatedly called on the minority in the Senate to end filibusters aimed at President Bush's judicial nominees, is based in Washington, D.C. and is online at www.aclj.org.