ATLANTA, October 15, 2004 ( – US President George W. Bush’s recess appointment of ardently pro-life Alabama Attorney General William Pryor was given approval by an appeals court Thursday.

The court had heard arguments from Democratic Sen. Edward Kennedy that the appointment of Pryor in February during a five-day recess of the Senate was a contravention of the Senate’s role to reject or approve a president’s nominations to the courts. It is legally within the president’s rights to appoint judges while the senate is out of session.  The controversy arose as a result of a Democratic filibuster of the nomination process, because of opposition to the nomination of seven conservative, non-activist judges.

“We are not persuaded that the president acted beyond his authority in this case: both the words of the Constitution and the history of the nation support the president’s authority,” the 11th Circuit Court of Appeals judgement said. The vote to allow the appointment was 8-2 in favor.

Notable for his vocal stance on abortion, Pryor told a Senate Judiciary Committee in June, 2003, on the occasion of his nomination to the 11th Circuit Court of Appeals, that abortion was “murder” and that the court case legalizing it was “the worst abomination in the history of constitutional law,” according to a Washington Times report.

When asked if he stood by that comment Pryor responded, “I stand by that comment. I believe that not only is [Roe] unsupported by the text and structure of the Constitution, but it has led to a morally wrong result. It has led to the slaughter of millions of innocent unborn children. That’s my personal belief.”  Read related coverage:  U.S. Court Nominee Unusually Frank About His Views Against Abortion Bush Concedes to Democrats Over Recess Appointments   tv


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