despite resistance from the senate, and with the nomination being returned twice to his desk unaffirmed, president bush later appointed stickler as a recess appointment in october 2006. the appointment, which was met by vocal criticism from members of the senate - expired on december 31, 2007. on january 4, 2008, president bush again appointed stickler as acting head of msha, and again renominated him to take the position on a permanent basis.