An environmental group has asked the 11th U.S. Circuit Court of Appeals to overturn President Bush's appointment of its newest member, former Alabama Attorney General Bill Pryor.
The Sierra Club argues that Pryor joined the court illegally after the president made a recess appointment.
Pryor was appointed during a congressional recess because democrats refused to allow a vote on his nomination.
Pryor had no immediate comment on the request.
In a deal announced this week, The White House agreed not to make additional recess appointments, and Senate democrats said they would allow votes on 25 appointments to district and circuit courts.