THE NOMINATION of Alabama Attorney General William H. Pryor Jr. to the U.S. Court of Appeals for the 11th Circuit was, from the beginning, a provocation on the part of the Bush administration. Yesterday Mr. Bush made that provocation all the more provocative by installing Mr. Pryor -- who has been held up by a Democratic filibuster -- by recess appointment. Mr. Pryor is the second judge the president has placed on the bench using this procedure, which allows the president to bypass Senate confirmation for appointments made on a temporary basis. The result is that Mr. Pryor will be a judge for now, but he will leave office unless both Mr. Bush and a filibuster-proof Republican Senate majority win election this year. In other words, his prospects of longer-term service on the bench will be bound up with the electoral fate of the Republican Party -- exactly the sort of political dependency from which judges are supposed to be insulated.