Bush Elevates Controversial Judge

In an election-year slap at filibustering Democrats, President Bush sidestepped Congress on Friday and installed Mississippi judge Charles Pickering to the federal appeals court after a two-year battle filled with racial, religious and regional argument.

Bush elevated Pickering by recess appointment, simply putting him in office while Congress was out of session. Such appointments, bypassing confirmation, are valid until the next Congress takes office, in this case in January 2005.

Bush’s action will reignite the battle between Republicans and Democrats over the direction of the federal courts, a fight already sure to be intense this year because of the presidential election.

If not confirmed by the Senate before the end of the year, Pickering would probably retire, supporters suggested.

Pickering, 66, a federal trial judge whom Bush nominated for a seat on the U.S. 5th Circuit Court of Appeals in New Orleans, has waited two years for confirmation. But Democrats have repeatedly blocked Republican efforts to bring the nomination to a vote in the Senate.

“I’m grateful to the president for his continued confidence and support,” Pickering said. “I look forward to serving on the 5th Circuit.”

He took the oath of office Friday night at the U.S. District Courthouse in Jackson, Miss.

Democrats have accused Pickering of supporting segregation as a young man, and of promoting antiabortion and antivoting-rights views as a state lawmaker.

Bush said Pickering would have been confirmed if his nomination had been brought to a vote. The Democrats can be expected to use the appointment to try to paint Bush as insensitive to minorities during the election campaign.

Republicans, in turn, have accused Democrats of being religiously biased against Bush’s antiabortion nominees. They also have accused the Democrats of being biased against Southerners.

Pickering has strongly denied allegations of racial insensitivity.