    [Public Papers of the Presidents of the United States: George W. Bush (2004, Book I)]
    [January 16, 2004]
    [Pages 77-78]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on the Recess Appointment of Charles W. Pickering as a United States Court of Appeals Circuit Judge
    January 16, 2004

        Today I was proud to exercise my constitutional authority to appoint
    Judge Charles W. Pickering to serve on the United States Court of
    Appeals for the Fifth Circuit. Judge Pickering has served with
    distinction as a United States District

    [[Page 78]]

    Judge since he was unanimously confirmed by the Senate in 1990. He is
    highly qualified to serve on the Court of Appeals and has widespread
    bipartisan support from those who know him best.
        For the past 2\1/2\ years, Judge Pickering has been waiting for an
    up-or-down vote in the Senate. A bipartisan majority of Senators
    supports his confirmation, and if he were given a vote, he would be
    confirmed. But a minority of Democratic Senators has been using
    unprecedented obstructionist tactics to prevent him and other qualified
    individuals from receiving up-or-down votes. Their tactics are
    inconsistent with the Senate's constitutional responsibility and are
    hurting our judicial system.
        As a result of today's recess appointment, Judge Pickering will fill
    a seat on the Fifth Circuit that has been designated a judicial
    emergency. He will perform a valuable service on a court that needs more
    judges to do its work with the efficiency the American people deserve
    and expect. Again I call on the Senate to stop playing politics with the
    American judicial system and to give my nominees the up-or-down votes
    they deserve.