From Holden:

Charles Pickering retires from the court Bush put him on while Congress was in recess rather than face yet another tough fight in the Senate.

Link.</p

Federal judge Charles Pickering, appointed by President Bush less than a year ago without Congressional approval, said Wednesday he will step down from the bench.

President Bush elevated Pickering, 67, with a recess appointment in January, which temporarily sidestepped the confirmation process. Some Democrats accused Pickering of being racially insensitive and harboring anti-abortion views.

Such recess appointments, which need no Senate confirmation, are valid only until the next Congress takes office, in this case in January 2005. Democrats could have tied up his permanent nomination when Congress next meets.

“The actions of the minority leave me with no alternative than to retire as Congress adjourns,” Pickering said in a statement released late Wednesday.

The “actions of the minority” are constitutionally mandated, Chuckie, certainly a “strict constructionist” like yourself understands the meaning of advice and consent.