Federal Appeals court questions Bush's appointment

AP

A federal appeals court is asking the Bush administration to defend the president's appointment of a judge to its ranks while the U.S. Senate was out of session. 

The 11th U.S. Circuit Court of Appeals, based in Atlanta, asked the Justice Department on Monday to intervene in a case contesting the appointment of former Alabama attorney general William Pryor to that court.

Sen. Edward Kennedy, D-Mass., and others are backing a challenge asking the court to rule that the appointment was unconstitutional.

"It's hard to imagine a more flagrant attempt by the president to bypass the constitutional requirement of Senate consent in appointing a federal judge," Kennedy said in a written statement.