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Supreme Court refuses to hear Bush recess appointment case

[JURIST] The US Supreme Court declined Monday to hear a case on whether President Bush overstepped his authority when he appointed a federal judge while the Senate was on a short recess. Three appeals sought to challenge the temporary appointment of former Alaba,a Attorney General William Pryor [court profile] to the US Court of Appeals for the Eleventh Circuit [official website] while the Senate was on a brief break, a move which appellees claimed was an attempt by the President to avoid Senate confirmation hearings for his nominee. The Court's refusal to address presidential power in judicial appointments could be significant with potential openings on the Supreme Court looming. Justice John Paul Stevens [OYEZ profile], writing with respect to the denial of certiorari [PDF], said that the ruling should not be interpreted as bearing on the merits of the issues involved, and expressed his wish that the Court might be willing to hear the case once all appeals have been exhausted. The cases are Miller v. United States, 04-38, Franklin v. United States, 04-5858, and Evans v. Stephens, 04-828. AP has more.

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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

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