Pickering not out of running for federal appeals court seat

By By Trisha Niswander / The Newton Record
Nov. 26, 2003
NEWTON His confirmation thwarted by Democrats in the Senate, U.S. District Court Judge Charles Pickering may not yet be out of the running for an appeals court seat.
President Bush is considering naming Pickering to a seat on the Fifth U.S. Circuit Court of Appeals using what is known as a "recess appointment" that could be made while Congress is in recess for the upcoming holidays, according to the judge's son, U.S. Rep. Chip Pickering, R-Miss.
Presidents have the power to make such judiciary appointments while Congress is in recess. In Judge Pickering's case, such an appointment could last until the end of the current Congress in January 2005 and would not require direct Senate confirmation.
Judge Pickering's nomination to the appeals court was blocked by Democrats in the Senate in a contentious filibuster that infuriated Republicans.
Republicans, who enjoy a bare majority in the Senate, were unable to muster the 60 votes necessary to break the filibuster and Judge Pickering's nomination was not confirmed.