A federal appellate court has ruled that President Bush's appointment of Bill Pryor as a judge on the panel was legal even though the appointment came as Congress was not in session.
The 11th U.S. Circuit Court of Appeals rejected a challenge by Massachusetts Democrat, Sen. Edward Kennedy. He argued unsuccessfully the appointment of Pryor to the circuit panel was an end-run on the Senate's right to confirm or reject the president's choices.
Pryor, who served as Alabama attorney general for seven years, was appointed to the Atlanta-based court in late February.