Pryor's recess appointment

Malla Pollack mpollack at
Sun Feb 22 13:27:25 PST 2004

If you look at the news reports, President Bush did an end run around block
age of his nominees in the Senate.  The public and the press have no doubt
that the blockage was formed by a combination of (i) a minority of
disagreeing Senators, and (ii) Senate choice and continuation of procedural
rules.  If under the Senates' own rules the nomination does not get
confirmed, the Senate has told ("advised") Bush to withdraw the nomination.
          If a member of a minority group walks into a restaurant and no
hostess or waitress responds--  No seating, no menu, no request for the
person's order  -- the restaurant has refused to serve that person.  Now the
restaurant's lawyer goes to court (to defend a civil rights suit) and he
claims that "the restaurant" did nothing because the manager did not state
expressly that service was being refused.  Would you want the jury to accept
this? I hope not.

Malla Pollack
Visiting, Univ. of Oregon, Law
mpollack at
----- Original Message ----- 
From: "Volokh, Eugene" <VOLOKH at>
To: <conlawprof at>
Sent: Sunday, February 22, 2004 12:57 PM
Subject: RE: Pryor's recess appointment

> I think it's a pretty good working assumption that all participants
> on the list are indeed paying attention to common sense, at least as they
> see it.  Of course, one can think that their common sense is wrong -- but
> explanation of that would, I think, be more helpful and persuasive than
> a call to "pay some attention to common sense."
> Eugene
> > -----Original Message-----
> >
> >
> > With all due respect, Larry is assuming his conclusion and
> > continuing with lawyerly nit pick.  While I love a nit pick
> > (or why am I am lawyer), I strongly suggest that academics
> > pay some attention to common sense.
> _______________________________________________
> To post, send message to Conlawprof at
> To subscribe, unsubscribe, change options, or get password, see

More information about the Conlawprof mailing list