Fox News has just reported (here's a link to the AP story) that President Bush has bypassed Congress and appointed Charles Pickering to the federal bench. The recess appointment puts Pickering on the appelate bench until the next Congress takes office in January 2005. Pickering had been one of a number of judicial nominees being filibustered by the Democrat minority in the Senate.

Bush has been encouraged by some conservatives to do this earlier, but had been hesitant to do so. Pickering was chosen for the recess appointment because, at his age, he would only be likely to spend a few years on the bench anyway, before retiring. Making recess appointments for younger nominees (e.g. Miguel Estrada) creates a tall fence for them to vault when they return to the Senate to get confirmed the next time around.

I still think President Bush should make a recess appointment of Robert Bork to the D.C. Court of Appeals -- it would likely cause Tom Daschle, Ted Kennedy and Barbara Boxer to have fatal heart attacks -- and Republican Senators could take their places.