[Weekly Compilation of Presidential Documents Volume 40, Number 4 (Monday, January 26, 2004)]
[Page 91]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on the Recess Appointment of Charles W. Pickering To Serve on 
the United States Court of Appeals for the
Fifth Circuit

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 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.

Note: This item was not received in time for publication in the 
appropriate issue.