by TChris

President Bush will, for a second time, use a recess appointment to install a judicial nominee on the federal bench who failed to win Senate approval. Alabama Attorney General Bill Pryor will be appointed to the Eleventh Circuit this afternoon. Democrats opposed Pryor's appointment for reasons that TalkLeft reported last year.

Bush used a recess appointment last month to place Charles W. Pickering Sr. on the federal Court of Appeals for the Fifth Circuit. Both appointments will last until the next Congress takes office.

It seems likely that Bush made these appointments to appease conservatives who have been critical of the President's actions (and particularly his spending) outside of Iraq. Bypassing the Senate and appointing judges who are likely to favor conservative interests helps the President shore up his base of support.

The president used Democrats’ rejection of Pickering and Priscilla Owen in 2002 to urge his right-wing base to return Republicans to the majority in 2002. Following Republican success in that election, the judicial selection process began to be used in service of the president’s reelection effort. In an effort to shore up his right-wing base and recapture the White House, President Bush re-nominated all pending nominees in January 2003. And by nominating such lightning rods as Pryor and White House Counsel Brett Kavanaugh, the administration was offering more reassurance to the right wing that sympathetic judges would be appointed.

It is not clear that pandering to the right will help Bush in the general election, when he will need to appeal to moderate and independent voters. The President's desparate attempt to firm up conservative support illustrates his fear that even his core constituents won't be enthusiastic about voting or campaigning for him in November.