Latest Breaking News
In reply to the discussion: Federal judge shoots down 'orchestrated campaign' to remove Trump-appointed judge in classified documents case [View all]DallasNE
(7,946 posts)Eleventh Circuit nomination and confirmation
Pryor was nominated to the United States Court of Appeals for the Eleventh Circuit by president George W. Bush on April 9, 2003, to fill a seat vacated by judge Emmett Ripley Cox, who had assumed senior status.[15] Originally, William H. Steele had been nominated to the seat in 2001, but his nomination had become stalled in the Democratic-controlled Senate Judiciary Committee during the 107th United States Congress because African-American groups protested his decisions in two civil rights cases as a magistrate judge. His nomination was withdrawn in January 2003. Pryor was nominated as Steele's replacement.[citation needed]
Despite the fact that the 108th United States Congress was controlled by the Republican Party, Senate Democrats refused to allow Pryor to be confirmed, criticizing him as an extremist, citing statements he had made such as referring to the Supreme Court as "nine octogenarian lawyers" and saying that Roe v. Wade was the "worst abomination in the history of constitutional law."[16]
During the confirmation hearing, Pryor was criticized in particular for filing an amicus brief in 2003 on behalf of the state of Alabama in the U.S. Supreme Court case of Lawrence v. Texas that urged the Court to uphold Texas penal code § 21.06, which classifies homosexual sex as a misdemeanor.[17] Pryor wrote in the brief that "this Court has never recognized a fundamental right to engage in sexual activity outside of monogamous heterosexual marriage, let alone to engage in homosexual sodomy,"[18] further arguing that the recognition of a constitutional right to sodomy would "logically extend" to activities like "prostitution, adultery, necrophilia, bestiality, incest and pedophilia."[19][20][21]
Due to a filibuster of his nomination, George W. Bush installed Pryor as a circuit court judge on February 20, 2004, using a recess appointment to bypass the regular Senate confirmation process.[22] Pryor resigned as Alabama's attorney general that same day and took his judicial oath for a term lasting until the end of the first session of the 109th Congress (December 22, 2005), when his appointment would have ended had he not been eventually confirmed.[23]
On May 23, 2005, senator John McCain announced an agreement between seven Republican and seven Democratic U.S. senators, the Gang of 14, to ensure an up-or-down vote on Pryor and two other stalled Bush nominees, Priscilla Owen and Janice Rogers Brown. On June 9, 2005, Pryor was confirmed to the Eleventh Circuit by a 5345 vote.[24][25]
Pryor received his commission on June 10, 2005.[26] On June 20, 2005, he was sworn in at the age of 43.[27][failed verification]