Congressional Record—Senate S4108
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S4108 CONGRESSIONAL RECORD — SENATE May 9, 2002 ‘‘We understand that the president has the [From the Rocky Mountain News, May 9, Child Behind legislation which reau- right to name nominees that he chooses,’’ 2002] thorized the Elementary and Sec- Shah said recently. ‘‘We are willing to look GOP MAY PROTEST DELAY ON HEARINGS ondary Education Act and which was at the record and their political views and COLORADAN IS AMONG BUSH JUDICIAL NOMINEES see if they will make good judges . and signed into law in January. I saw for not turn back the clock on civil rights, wom- (By M.E. Sprengelmeyer) more than a year the President’s and en’s rights and environmental protections.’’ WASHINGTON.—Republicans might slow ac- this administration’s deep commit- tion in the U.S. Senate today to protest a ment and involvement to reforming [From the Colorado Springs Gazette, May 8, yearlong delay in confirming President and fully funding our education legisla- 2002] Bush’s judicial nominees, including one from tion and our commitment to our ele- JUSTICE DELAYED Colorado. mentary and secondary education, spe- BLOCKING NOMINEES IS AN OLD POLITICAL Saturday will be the one-year anniversary cial education under IDEA, and the bi- of Bush’s nomination of Tim Tymkovich to GAME—AND IT’S UNDERMINING OUR COURTS lingual and other programs that were Let’s not be naive about how presidential the 10th Circuit Court of Appeals in Denver. But he’s still waiting for a confirmation reauthorized in this legislation. picks, especially for the judiciary, quickly We have incredible leadership in the can become political pawns for members of hearing, as are eight of the first 11 judicial Congress. Holding up a nominee to the bench nominees Bush made a year ago today. White House, and that is why this bi- or to any other office requiring the Senate’s Republican Senators will call attention to partisan legislation passed by over 80 advice and consent has become nothing less the issue in a morning press conference, and votes in the Senate. It disappoints me than a venerated tradition. And it’s a bipar- then they are expected to invoke procedural and hurts me to hear my colleagues on maneuvers to slow the Senate’s work tisan affair even as each side howls with in- the other side of the aisle attack this dignation when the other does it. throughout the day. ‘‘It will be a slowdown in order to make administration and question its com- Sometimes it’s indulged for philosophical mitment to education. We saw in 30 reasons—a judicial nominee’s stance on abor- their point,’’ said Sean Conway, spokesman tion or capital punishment, for example. for Sen. Wayne Allard, R–Loveland. years under Democrat control an edu- Other times the stonewalling is mundanely Last week, President Bush called the situ- cation policy that got us nowhere, in political—perhaps some senators want a ation a ‘‘vacancy crisis,’’ especially in the 12 which the learning gap between high- president to back off of a threatened veto of regional Courts of Appeals, where one in six achieving and low-achieving students major legislation. A pending nomination can judgeships remains vacant. The Denver- never narrowed, in which test scores, based 10th Circuit is still waiting for nomi- prove a useful bargaining chip. It all makes instead of rising, continued to fall. for a very old game, and it has been that way nees Tymkovich and Michael McConnell of Utah to get hearings. Now we have a President who has almost every time the White House has said: Let’s try something different; changed tenants over the years. In response, Senate Judiciary Committee But that doesn’t make it right. More to the Chairman Sen. Pat Leahy, D–Vermont, let’s put real accountability into edu- point, the inclination of senators to make ju- pointed out that the Senate had confirmed 52 cation; yes, let’s increase funding, with dicial appointees cool their heels interferes of Bush’s nominees since Democrats took dramatic increases in title I, dramatic with the administration of justice. The lat- control 10 months ago. He said Bush should increases in IDEA, special education, est joust between the Senate and the presi- share the blame for other delays. and dramatic reforms and increases in ‘‘Controversial nominations take longer, dency is no exception. bilingual education; but let’s accom- To their credit, Colorado Republican U.S. and the President can help by choosing Sens. Ben Nighthorse Campbell and Wayne nominees primarily for their ability instead pany spending increases with account- Allard have written a letter to the Chairman of for their ideology,’’ Leahy said in a re- ability; let’s not just spend more, let’s of the Senate Judiciary Committee, Patrick lease. spend smarter. Leahy, D-Vt., making just that point. Some groups have questioned McConnell’s I, for one, stand and applaud the ‘‘The current state of judicial nominations nomination, claiming that the University of President for his leadership. I can only is unacceptable. It has devolved into a petty Utah professor would weaken the separation say as the President’s poll numbers game of entrenchment, creating a vacancy of church and state. They also question his views because he once represented the Boy soar on leadership in education and Re- crisis that prevents the service of the very publicans in general score better on justice upon which our nation depends,’’ Scouts of America in its bid to exclude ho- they wrote. mosexuals. McConnell backers say the fears education than ever before, that is the Of particular concern to the Colorado dele- are based on misunderstandings and that he only explanation for the misguided at- gation is the status of Colorado’s former so- has been endorsed by several Democratic tack on the President on the education licitor general, Tim Tymkovich, who was academics. issue which we just heard today. nominated by President Bush in 2001 to fill But there is little controversy over the Colorado vacancy on the 10th Circuit Tymkovich, Colorado’s former solicitor gen- f Court of Appeals. Saturday will mark the eral. one-year anniversary since Tymkovich’s Last month, Allard and Sen. Ben JUDICIAL NOMINATIONS nomination was sent to the Judiciary Com- Nighthorse Campbell, R–Ignacio, wrote Mr. HUTCHINSON. Mr. President, I mittee. Leahy, demanding that Tymkovich get a wish to speak about the tragic hold up It’s not as if there are some glaring blem- hearing. ishes on the man’s resume. On the contrary, ‘‘It has devolved into a petty game of en- of our circuit court nominees to the his nomination enjoys the broad support of trenchment, creating a vacancy crisis that Federal bench. It takes only a few our state’s legal community, and he was prevents the service of the very justice upon numbers to show the dramatic vacancy deemed qualified when rated by the Amer- which our nation depends,’’ they wrote. crisis we are facing in the Federal ican Bar Association. and still he remains in The PRESIDING OFFICER. The Sen- court system: 10 percent of Federal limbo. ator from Arkansas. judgeships are vacant right now, 85; 20 To reiterate, we’re not being naive here. percent of judicial seats at the Federal This is an old syndrome that conforms to no Mr. HUTCHINSON. I thank the political boundaries. Indeed, a couple of Chair. courts of appeals are vacant. With years ago, it was Allard who for a time I congratulate Senator ALLARD for an eight openings, half of the entire Sixth helped delay the nomination of a Clinton ad- excellent statement. I have a similar Circuit is now vacant. It is operating ministration pick for the 10th Circuit bench. story to tell of one of our nominees at half strength. But the underlying point the Senators from the State of Arkansas. The Judiciary Committee has held a make in their letter to Leahy is well taken. f hearing on only one of President Quite simply, there’s a slate of looming va- Bush’s seven nominees for the Sixth cancies on the federal bench across the coun- THE PRESIDENT’S COMMITMENT Circuit, and that hearing was held just try thanks in large part to backlogged nomi- TO EDUCATION nations, and it risks paralyzing the courts. a week and a half ago after pending for Whatever reservations members of either Mr. HUTCHINSON. Mr. President, be- over 6 months. Two of the Sixth Cir- party might harbor about any given nomi- fore I begin discussing the judicial cuit nominees, Jeffrey Sutton and nee, and however substantive those concerns nomination, I wish to respond to the Deborah Cook, were nominated a year may actually be on occasion, at some point colloquy that took place on the other ago today but have not yet had a hear- they pale next to the need for any judge at side of the aisle regarding our Presi- ing. all to attend to the logjam in federal courts. Swift justice is supposed to be a hallmark dent’s commitment to education. Do they question their ability? The of our system; its prospects don’t look good I serve on the Education Committee, ABA rated both nominees as unani- while the likes of Leahy are making it hard- and I was privileged to serve on the mously qualified, but they have lan- er to get before a judge at all. conference committee on the Leave No guished for a year. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4109 The numbers simply do not lie: 44 of Appeals, had languished for almost a this letter some time back.