The World Around You

Former Attorney General Bill Pryor is now an Eleventh Circuit Court of Appeals Justice, despite the inability of the US Senate to hold an up or down vote on his nomination. Mr. Pryor has been an admirable public servant and chief law enforcement officer for Alabama. The dedication he has shown in enforcing the laws, without particular regard for his personal beliefs, tells me he will make a fine appeals court judge.

He will be able to draw on many of the skills he has honed over the past seven years in his new post. The court on which he now sits is not the ultimate judicial authority and therefore largely makes its decisions based on established law and precedent. These duties mesh well with those of a state attorney general. He is used to analyzing precedent and applying it to the situation at hand. Few jobs could better prepare a person for this role.

I look forward to seeing Justice Pryor represent Alabama well, at least until the end of next year. You see, Justice Pryor was appointed by President Bush using a recess appointment. This is an emergency provision, to be used by the President to fill necessary positions when Congress is not in session. The appointment will become permanent only if the US Senate approves it before the end of next year. That will allow Pryor plenty of time to demonstrate his competence and judicial temperament, which may allow some cracks in the wall of opposition to his nomination.

Pryor has been among a group of appointees being heavily scrutinized by Democrats in the Senate. Their criticism has centered on the right wing ideology of some of the President’s nominees. Bill Pryor’s ideology is certainly on the conservative side of the spectrum, but what kind of jurist he will prove to be is yet to be determined. A recess appointment is the perfect solution. Give the man a chance to prove what kind of a judge he will be, and then determine if he should remain. The President utilized the powers granted to him and Mr. Pryor’s appointment is not permanent. No one lost here.

What serves as a great solution for the President makes for one more difficult decision for Alabama’s Governor. Governor Riley must appoint someone to serve almost three full years as Attorney General of Alabama. As I write, potential candidates are lining up. I’m sure the Governor will have a short list soon and make a thoughtful selection. Being the head of the state’s law firm, as Pryor put it, is never an easy job. You may have to take positions that the voters do not support, though they are correct in the legal sense. You may even have to prosecute an elected official or two. There are ongoing investigations to supervise and even that little case involving Roy Moore to argue. This is not a job for a figurehead. The legal talent pool in Alabama is deep and wide. What’s clear is that whoever is selected will have some big shoes to fill.