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. He wrote nominations are currently pending be- year without even a hearing. more recently on April 8 a specific let- fore the Judiciary Committee. Unfortu- Ever since this nomination, I have ter to Chairman LEAHY, and I ask nately, 22 of those unconfirmed nomi- looked forward to the day when I could unanimous consent that this letter be nees are for circuit courts, the court of sit next to Judge Smith in the Senate printed in the RECORD. last resort for most cases. Judiciary Committee and I could give a There being no objection, the letter In 1996, the current Judiciary Com- glowing introduction of my friend at was ordered to be printed in the mittee chairman called a vacancy rate that hearing. I have been waiting, I RECORD, as follows: of only two-thirds as high as the one have been waiting, and I have been NATIONAL ASSOCIATION FOR THE we face today a judicial emergency. It waiting. I have written Senator LEAHY ADVANCEMENT OF COLORED PEOPLE, is even more so today, and we are doing over and over, and I have talked to Little Rock, AR, April 8, 2002. even less about it. Senator LEAHY. Others have written Senator PATRICK LEAHY, Of the current 85 vacancies, 37 are and pleaded for a hearing, and yet U.S. Senate, Chairman, Judiciary Committee, Russell Senate Office Building, Washington, considered judicial emergencies by the nothing has happened. DC. Administrative Office of the U.S. I would like to tell my colleagues DEAR CHAIRMAN LEAHY: As the President of Courts. This is calculated based on the about my friend. Lavenski Smith the Arkansas State Conference of Branches number of years the judgeship has been earned both his bachelor’s degree and NAACP, I am writing to express our concern open and the size of the court’s case- his law degree from the University of that Attorney Lavenski Smith, who is from load. Arkansas. Following law school and 3 Arkansas, has not been given a confirmation Perhaps the most staggering fact is years working in private practice, hearing. President Bush nominated Mr. Smith approximately a year ago for the this: Of the President’s first 11 circuit Judge Smith served the poorest and Eighth Circuit Court, however, he has not court nominees submitted to the Sen- the neediest citizens of Arkansas as the been given a hearing before the Judiciary ate on May 9, 2001, only 3—Mr. Presi- staff attorney for Ozark Legal Serv- Committee. dent, only 3—have even received hear- ices. At Ozark Legal Services, he rep- While I understand there are some partisan ings by the Senate Judiciary Com- resented abused and neglected chil- issues involved, I am asking you as Chair- mittee. dren. These were children whose own man of the Judiciary Committee to, imme- This is a crisis by any definition, by diately, schedule a hearing on behalf of the parents were unwilling or unable to act confirmation of Mr. Smith for the Eighth any measure, and it is inexcusable. in their best interest, putting the chil- Circuit Court. It is my opinion that Mr. One of the nominees who has been dren in danger. So Judge Smith Smith is a fine individual and has served the waiting almost a year is from my home stepped in. people of Arkansas well in his capacity as a State of Arkansas. Judge Smith helped these children. public official. He is a very distinguished, very He represented them in our complex For additional information, you may con- qualified jurist named Lavenski Smith. legal system and navigated the foster tact me at (501) 227–7231 or by e-mail at [email protected]. This is my friend Lavenski Smith. care system for them. He helped find It is very easy to talk numbers. Num- Sincerely, the safest place for these children to DALE CHARLES, bers come and go. People come to the grow and to thrive. So he is committed President. Chamber and argue numbers and sta- to the needy. He is committed to the Mr. HUTCHINSON. I would like to tistics, but I want to put a face on poorest, and he has demonstrated that share with my colleagues what the what we are really talking about. with his life, not just with his rhetoric. President of the Arkansas chapter of Judge Smith was nominated for the In addition to this public service, the NAACP wrote concerning my Eighth Circuit Court of Appeals almost Lavenski Smith has volunteered his friend Lavenski Smith: a year ago, on May 22, 2001. I brought spare time to charitable endeavors Dear Chairman Leahy, as the President of this picture of Lavenski Smith in the such as raising funds for the School of the Arkansas State Conference Branch of the hopes this might put a human face on Hope, a school for handicapped children NAACP, I am writing to express our concern at least one of the people we are hurt- in his hometown of Hope, Arkansas. that attorney Lavenski Smith, who is from ing by these unjust and inexcusable After Judge Smith spent years working Arkansas, has not been given a confirmation delays. Judge Smith has received broad at Ozark Legal Services, Judge Smith hearing. President Bush nominated Mr. support from both of his home State opened the first minority-owned law Smith approximately a year ago for the Senators, from colleagues on the bench Eighth Circuit Court of Appeals. However, he firm in Springdale, AR, handling pri- has not been given a hearing before the Judi- in Arkansas, from colleagues from his marily civil cases. He then taught busi- ciary Committee. While I understand there days of practicing law. He has received ness law at John Brown University and are some partisan issues involved— the support of the American Bar Asso- took several positions in public serv- That is the greatest understatement ciation. He has received the support of ice, including working as the regu- ever made— the president of the Arkansas NAACP. latory liaison for Governor Mike I am asking you, as chairman of the Judi- He has received the support of editorial Huckabee in the Governor’s office. He ciary Committee, to immediately schedule a boards of both the left and the right currently serves as a commissioner on hearing on behalf of the confirmation of Mr. ends of the political spectrum in the our Public Service Commission. Smith for the Eighth Circuit Court of Ap- State of Arkansas. Now I mentioned he has this very peals. It is my opinion that Mr. Smith is a That is broad support. That is sup- broad support, and indeed he has. So fine individual and has served the people of port from the left and the right. There Arkansas well in his capacity as a public of- let me share some of the statements of ficial. Sincerely, Dale Charles, NAACP. is support from every colleague who support for Judge Lavenski Smith, What kind of support does one have has ever worked for him. There is sup- former Arkansas Supreme Court Jus- to have to get a hearing? How long port from his colleagues on the Arkan- tice, who was nominated almost a year sas Supreme Court. There is support does one have to wait to get a hearing? ago to the Eighth Circuit Court of Ap- In June of 2001, the American Bar As- from the American Bar Association. peals and has not been granted even There is support across the board. sociation, which has been called the the courtesy of a hearing before our gold standard of qualifications, agreed The NAACP president has written Judiciary Committee. asking for a hearing. Yet Judge and made a unanimous qualified deter- Dale Charles, the president of the Ar- mination. Chief Justice of the Arkan- Smith’s nomination languishes. Why? kansas NAACP, President Charles If he is confirmed, Judge Smith will be sas Supreme Court, W.H. ‘‘Dub’’ Ar- wrote: nold, well-respected jurist in the State the first African-American Arkansan He’s a fine person individually and in his on the Eighth Circuit. I wonder what of Arkansas, wrote on behalf of time on the Supreme Court he represented Lavenski Smith: the ladies and gentlemen of the press himself and the court well. I encourage them He is a great man. He is very intelligent. would be saying about this nomination to question him and let his record speak for He did a great job for us on the Arkansas Su- itself. I do not foresee his confirmation being were the tables reversed, were Repub- preme Court. I think he’ll make a great Fed- in jeopardy. licans in control and a Democrat nomi- eral judge. I think President Bush made the nee, an African American, who would This is Dale Charles, president of the best possible nomination he could have be the first on the Eighth Circuit Court Arkansas NAACP. Dale Charles wrote made. S4110 CONGRESSIONAL RECORD — SENATE May 9, 2002 Now, Justice Arnold is a Democrat, Holding up judicial nominees is not Mr. REID. Mr. President, there have but he is a fair-minded Democrat and just a political game. The confirmation been a couple of speeches on judges. I he is a distinguished jurist and he process is not a payback opportunity will say a few things pertinent to the weighs in and says President Bush for perceived wrongs of the past, nor discussion regarding judges. made the best possible nomination he should it be viewed as a chance to There is no better place to start than could have made. throw a roadblock before a new Presi- a few statements made by the Repub- We put in a call to Judge Smith to dent’s administration. The American licans in recent days. In 1999, the Re- let him know I would be making these people are watching the Senate’s fail- publican leader, Senator LOTT, said: remarks on his behalf in this Chamber. ure to fulfill its constitutional duty, I am saying to you, I am trying to help Judge Smith said: Well, go ahead. I do and they are wondering if we under- move this thing along, but getting more Fed- not think it will make much dif- stand what our role is. eral judges is not what I came here to do. ference, but go ahead. Last week, I received a call from a That is the Republican leader. I was so crushed that he is so cynical constituent in Arkansas. She had pre- The Senator from Pennsylvania, Sen- about the process that has already de- viously written to me asking me why ator SANTORUM, said on November 11 of layed this nomination for a year and the President’s very well-qualified 2001: not even given him a hearing, that his nominee to the Eighth Circuit Court of The delays are a result of ‘‘rank partisan- attitude about pushing hard for it real- Appeals, Lavenski Smith, has been ship by Tom Daschle.’’ ly will not accrue to any results. waiting for close to a year without the But this is what he said on the 18th Mike Huckabee, Governor of the courtesy of a hearing. I responded the day of August the year 2000: State of Arkansas stated: way I am sure many Members do, by A number of my Republican colleagues are He just has all the equipment to be an out- pointing out the letters I have written not likely to rush President Clinton’s life- standing jurist. I’ll be the first to predict supporting Judge Smith’s nomination, time judicial nominees through the con- that his next stop will be the United States urging quick attention by the Judici- firmation process when they think there is a Supreme Court. ary Committee. I told her I was work- chance another party could occupy the Governor Huckabee is a Republican. ing hard to convince the committee to White House in January. So we have Dub Arnold, a Democrat, examine his qualifications, as I knew My friend, Senator CRAIG of Idaho, and we have Mike Huckabee, a Repub- they would find his stellar record more said in June of 1996: lican. We have the NAACP. We have than adequate for the job. I wrote to There is a general feeling . . . that no more the American Bar Association in June this lady, my constituent, that Senate nominations should move. I think you’ll see of 2001 saying that a unanimous quali- procedure required the nominations to a progressive shutdown. fied determination has been made re- be reported out of the Judiciary Com- Now what he is saying: garding Judge Smith’s nomination. Yet mittee. There seems to be a concerted effort to op- he waits. It has now been almost 1 year She received my letter and called me erate very slowly around here. since he was nominated. last week. She said she had looked My friend, ORRIN HATCH, the chair- I have thought and thought, why? I through her Constitution and wanted man of the committee, talked about understand a nomination that is con- to read to me article II, section 2.2, his ideology. He said, when chairman of troversial, a nomination that has se- which states that the President shall the committee a couple years ago: vere opposition within the State of Ar- appoint justices with the advice and kansas—perhaps if the letter from the I led the fight to oppose the confirmation consent of the Senate—not the Judici- of these two judges because their judicial president of the NAACP had been a ary Committee. She wanted to know records indicated they would be activists critical letter or perhaps if his col- why the Senate was allowing a par- who would legislate from the bench. leagues on the Arkansas Supreme tisan hijacking of Senate procedure to A couple of months ago he said: Court had come out publicly and said prevent fulfillment of our constitu- I would like to address some recent at- they question his qualifications, per- tional duty. tempt to reinvent history by repeating this haps then there would be some way to I tell this story to illustrate that the convenient myth that I, as chairman, understand why there has not even vacancy crisis in the judiciary is hav- blocked President Clinton’s nominations on been a hearing for Judge Smith. ing affects beyond the administration the basis of political ideology. So I have thought about why, and the of justice. Our failure does not just cre- That is what he said. only opposition I can find, I say to my ate backlogs that allow dangerous Again, my friend, the Republican distinguished colleagues and to our criminals on the street longer, leaves leader said: Presiding Officer today, to Judge the innocent waiting longer for vindi- The reason for the lack of action on the Smith’s nomination is found on two cation and slow victims access to jus- backlog of Clinton nominations was his Web sites. One is NOW, the National tice. When we leave half of the bench of steadily ringing office phone saying ‘‘no Organization for Women, and the other a court of appeals empty and another more Clinton Federal judges.’’ is NARAL. one only two-thirds full, the American Senator LOTT said he received a lot Judge Smith, for all of his qualifica- people start to doubt our ability and of phone calls saying ‘‘No more Clinton tions, all of his distinguished service, our will to carry out our constitutional judges.’’ So that is what he did. all of his commitment to the poor, duties. He said to the Bulletin’s needy, and handicapped in our society, I know my colleagues on both sides Frontrunner, a newspaper: has one grave shortcoming: He is pro- of the aisle share my reverence and re- Until we get 12 appropriations bills done, life. There are those on the Judiciary spect for the Constitution. I hope we there is no way any judge, of any kind, or Committee who have said: Don’t send will move forward and confirm, or at a any stripe, will be confirmed. us a pro-life nominee. They are dead on very minimum, have hearings and Senator HATCH said: arrival. That is tragic. votes on the 44 nominees still pending, The claim that there is a vacancy crisis in To those who for years have de- including my very qualified and very the Federal courts is simply wrong. Using nounced the idea of a litmus test to the dear friend, Lavenski Smith, who the Clinton administration’s own standard, Federal bench, that we only look at would be a very able jurist and judge the Federal Judiciary currently has virtual full employment. whether one is qualified or not, no one on the Eighth Circuit Court of Appeals. raised the issue of whether Judge This will set an important precedent We have established the vacancies in Smith is qualified. Yet the only opposi- for this circuit court of appeals by the Federal judiciary created by Re- tion has been NARAL and the National serving as the first African American publicans. Senator HATCH said don’t Organization of Women, and they say on the Eighth Circuit Court of Appeals. worry. he is pro-life; he has a record of being I ask once again, after nearly a year, Although just a short time ago he pro-life. How can we possibly consider for a hearing for my friend and for said: him for the Eighth Circuit Court of Ap- movement on these very important ju- If we don’t have the third branch of gov- peals? That is a litmus test if there dicial nominations. ernment staffed, we’re all in trouble. ever was one, and they are blatant I yield the floor. The Republicans say they want hear- about it. So we wait. And Judge Smith The PRESIDING OFFICER. The Sen- ings. I heard my friend from Arkansas waits. ator from Nevada. say they want hearings. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4111 These are people President Clinton How much time is remaining on this Though Baseball Commissioner Bud nominated who never ever got a hear- side of the aisle? Selig sought to fix some of the prob- ing—not 2 days later, 2 weeks later, 2 The PRESIDING OFFICER. Fourteen lems of the past when, a few years ago, months later, 2 years later. They never minutes. he awarded an annual $10,000 pension got a hearing. Fine people. In Illinois, Mr. LOTT. On each side? benefit to some of the Negro Leaguers, Wenona Whitfield; in Missouri, Leland The PRESIDING OFFICER. Yes. he left out those who played solely in Shurin; in Pennsylvania, John Bingler; Mr. LOTT. Mr. President, the major- the Negro Leagues from 1948 to 1960. in South Dakota, Bruce Greer; in Cali- ity leader took some time at the begin- Major League Baseball contends they fornia, Sue Ellen Myerscough; Texas, ning of this debate. Was that out of were left out because the sport was in- Cheryl Wattley; in Texas, Michael leader time? tegrated during that time. But an ac- Schaffman. Mr. REID. It was not out of leader curate reading of history shows it took Circuit judges in the Fourth Circuit, time. the Big Leagues many years to inte- James Beaty; Richard Leonard, never Mr. LOTT. It was not out of leader grate following Jackie Robinson’s got hearings; Annabelle Rodriquez. In time? debut. In fact, the Boston Red Sox the 105th Congress, Helene White, Ohio; The PRESIDING OFFICER. It came didn’t have a single black on its team Jorge Rangel in Texas; Jeffrey Cole- out of morning business time. until 1959—more than a decade after The Senator from Florida. man, North Dakota; James Klein, Dis- Robinson’s move to the Majors. Mr. NELSON of Florida. I ask, of the trict of Columbia; Robert Freedberg, The players still seeking a small re- remaining 14 minutes, that I have con- Pennsylvania; Cheryl Wattley, Texas; tirement have been reaching out to sent to have 5 minutes and the remain- Lynette Norton, Pennsylvania; Robert Commissioner Selig now for 5 long ing time for my colleague from Min- Raymar, Third Circuit; Legrome Davis, years now. But their requests have nesota, to be followed by me. been ignored. I joined them last year in Pennsylvania; Lynne Lasry, California; Mr. LOTT. I reserve the right to ob- trying to find some resolution to this Barry Goode, California. No hearings. ject, Mr. President. I believe the agree- dispute, but my efforts to meet with In the 106th Congress, 33 never get a ment was we would have it equally di- Commissioner Selig also have been ig- hearing: H. Alston Johnson, Louisiana; vided; we could go back and forth. So nored. James Duffy, Hawaii; Elana Kagan, after 5 minutes I would like to then Meantime, these ex-players are get- District of Columbia; James Wynn, have an opportunity to speak out of ting old. Three of them died late last North Carolina; Kathleen McCree- our time on this side. month—two on the same day. Lewis, Ohio; Enrique Moreno, Texas; Mr. NELSON of Florida. Then, Mr. On April 23, we lost James ‘‘Pee Wee’’ James Lyons, Colorado; Kent Markus, President, I will yield to the Senator Jenkins, a native of Virginia. Jenkins Ohio; Robert Cindeich, Pennsylvania; from Minnesota. He has a time prob- pitched for the New York Black Cu- Stephen Orlofsky, New Jersey; Roger lem. bans. Gregory, Virginia; Christine Arguello, Mr. WELLSTONE. Mr. President, Just last year, Jenkins threw out the Colorado; Elizabeth Gibson, North that is very gracious. The Senator first pitch at Shea stadium, as the 2001 Carolina; J. Rich Leonard, District of from Florida will go now followed by Mets—dressed in Black Cuban uni- Columbia; Patricia Coan, Colorado; the minority leader and then I will fol- forms—paid tribute to Jenkins and the Dolly Gee, California; Steve Bell, Ohio; low the minority leader. rest of his fellow 1947 Negro League Rhonda Fields, District of Columbia; S. The PRESIDING OFFICER. The Sen- World Series champions. David Fineman, Pennsylvania; Linda ator from Florida. Riegle, Nevada; Ricardo Morado, James Cohen, Sr., of Washington DC, f Texas; Gary Sebelius, Kansas; Ken also died on April 23. A World War II Simon, Hawaii; David Cercone, Penn- THE NEGRO LEAGUES veteran, he pitched for the Indianapolis sylvania; Harry Litman, Oklahoma; Mr. NELSON of Florida. Mr. Presi- Clowns from 1946 to 1952, earning the Valerie Couch, Oklahoma; Marion dent, last week I learned of the death nickname ‘‘Fireball.’’ Johnston, California; Steve Achelphol, of three men. They lived apart from In his last year with the Clowns, he Nebraska; Richard Anderson, Montana; each other—one in Florida, one in Vir- played with the great, legendary Hank Stephen Liberman, Pennsylvania; Mel- ginia, and one in Maryland—but they Aaron. Mr. Cohen went on to be a post- vin Hall, Oklahoma. shared a special past. al clerk for 35 years. And in 1994, he Before I sit down, they talk about All three played in baseball’s Negro was honored at the White House by Hispanic nominees. There is a Hispanic Leagues. They did not receive million- Vice President Al Gore. Mr. Cohen was nominee they say has not moved quick- dollar contracts. They did not get en- survived by two sons, seven grand- ly enough. dorsement deals. They just played children and five great-grandchildren. Jorge Rangel, who was nominated in baseball. Back in Florida, we lost Eugene July of 1997, never got anything. Sadly, these three men were part of a White, of Jacksonville, on April 26. He Enrique Moreno, Fifth Circuit, nomi- group of about 165 players who never was an infielder for the Chicago Amer- nated in 1999, didn’t get anything. received a pension for their time in the ican Giants and the Kansas City Mon- Christine Arguello, July of 2000—noth- leagues. archs. As a retiree, he coached little ing happened. Ricardo Morado, south The Negro League was founded in league. On the playing field, he taught Texas—nothing happened. Anabelle 1920 by Andrew ‘‘Rube’’ Foster. With 72 more than baseball. Rodriguez—these are just some of the teams and more than 4,000 players, the Rob Stafford, one of Mr. White’s names. Negro Leagues lasted until 1960, when former players, recently recalled some I suggest before the tears run too its last team folded. of the lessons Mr. White taught the heavily down the cheeks of my Repub- For half a century, most of the Negro kids. lican friends, they should go back and League players were denied the oppor- Said Mr. Stafford: read their own statements given by tunity to play in the Majors. He taught me a lesson that I only learned their own Senators, and find out the Even though Jackie Robinson broke to appreciate as a man—the lesson of toler- the color barrier in 1947, it took an- ance. States where people who were nomi- He taught to never prejudge, minimalize or nated by President Clinton never got a other decade for Major League Baseball marginalize a person. He taught me that hearing. to really become integrated. All the every person deserves a chance to partici- The PRESIDING OFFICER (Mr. CAR- while, baseball had its antitrust ex- pate, to be included. . . . PER). The Senator from Florida. emption to unfairly compete against He is now a star on God’s level playing Mr. NELSON of Florida. Mr. Presi- the Negro Leagues, and systemically field. dent, how much time do we have re- discriminated against most Negro Mr. White, Mr. Jenkins and Mr. maining on this side? League players for many years after Cohen were some of baseball’s living The PRESIDING OFFICER. The Sen- 1947. legends. But these legends are dying. ator has 14 minutes. That is the crux of the argument And so today, to Mr. Selig and to Mr. LOTT. Mr. President, parliamen- many of these old-timers have about Major League Baseball, I say this: time tary inquiry, if the Senator will yield: not getting even a small pension. is running short for you to do the right