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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, FIRST SESSION

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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, FIRST SESSION E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION Vol. 149 WASHINGTON, TUESDAY, FEBRUARY 25, 2003 No. 30 Senate The Senate met at 9:30 a.m. and was SCHEDULE not important enough to be on the called to order by the President pro Mr. BENNETT. Mr. President, the floor at this stage. tempore (Mr. STEVENS). Senate will spend the day in executive So I would hope that everyone would The PRESIDENT pro tempore. To- session deliberating, once again, and understand that we are anxious to day’s prayer will be offered by our for the ninth day, the nomination of move on to other judicial nominations. guest Chaplain, Dr. George D. McKin- Miguel Estrada to be a circuit court We are anxious to move on to other ney, of Saint Stephens’s Church of God judge for the DC Circuit. The Senate legislative matters. But as long as in Christ in San Diego, CA. will recess from 12:15 to 2:30 for the Miguel Estrada refuses to answer the weekly party lunches. Between now questions or to submit the memos that PRAYER and the next recess we have a number we have requested, this is going to be The guest Chaplain offered the fol- of important issues that the majority the procedural posture of the Senate. lowing prayer: leader would like to see addressed. The PRESIDING OFFICER (Mr. COR- May we pray together. Therefore, he hopes we can get passed NYN). The Senator from Utah. Eternal God, Creator of the universe, this delay and let the Senate work its Mr. HATCH. Mr. President, I have the Source of life, order, and truth, we will on this nomination. Senators listened to the distinguished Senator bow in reverence in Your presence. We should be advised, therefore, that roll- from Nevada, and I have a few things thank You for divine favor and all the call votes are possible during the day. to say. values and principles that continue to The PRESIDENT pro tempore. The Mr. President, I rise today to ad- shape our national character and chal- deputy minority leader. dress, once again, the nomination of lenge us to greatness. Mr. REID. Mr. President, I say to my Miguel Estrada for the United States We pray for our Nation, our Presi- friend—in fact, the two Senators from Court of Appeals for the District of Co- dent, his family, Cabinet, and advisors. Utah—that, as I indicated to the ma- lumbia Circuit. Grant wisdom and courage to the Sen- jority leader last night, there are three Are we ready to go? ators as they fulfill their responsibility ways we can move off Estrada. The The PRESIDING OFFICER. Will the to our great Nation. Empower all who nomination can be pulled. The decision Senator suspend for the Senate to lay shoulder the responsibility of leader- can be made by this administration down the pending orders, please. ship and servanthood. May our duties that he will supply the memos from the f become delightful because of Your gifts Solicitor’s Office while he worked RESERVATION OF LEADER TIME of joy, faith, and hope. there that he wrote and allow more Lord, we are grateful for the privi- questioning of Estrada. Thirdly, the The PRESIDING OFFICER. Under lege of working together with You for majority leader can file a motion to in- the previous order, the leadership time peace and justice for all people. We af- voke cloture to see if there are the 60 is reserved. firm with our Founding Fathers and votes to move ahead. f Mothers that we are one Nation under If that does not happen, we can stay God, with a common goal of liberty and on Estrada for a long time. If there are EXECUTIVE SESSION justice for all. Amen. other things to do—and I mentioned yesterday I doubt that there are—if f there are other things to do, then let’s NOMINATION OF MIGUEL A. ESTRADA, OF VIRGINIA, TO BE PLEDGE OF ALLEGIANCE move to those. If not, then we can stay in this procedural quagmire, which is UNITED STATES CIRCUIT JUDGE The PRESIDENT pro tempore led the something that has been done in the FOR THE DISTRICT OF COLUM- Pledge of Allegiance, as follows: past. BIA CIRCUIT I pledge allegiance to the Flag of the As I indicated yesterday, there have The PRESIDING OFFICER. Under United States of America, and to the Repub- been, of course, filibusters of Presi- the previous order, the Senate will now lic for which it stands, one nation under God, dential nominations in the past and go into executive session and resume indivisible, with liberty and justice for all. Presidential nominations of judges. consideration of Executive Calendar f They usually are not as open and noto- No. 21, which the clerk will report. rious as this, the reason being they The legislative clerk read the nomi- RECOGNITION OF THE ACTING come at a later time in the session nation of Miguel A. Estrada, of Vir- MAJORITY LEADER where time is of the essence. Now time ginia, to be United States Circuit The PRESIDENT pro tempore. The is not of the essence. There are other Judge for the District of Columbia Cir- acting majority leader. things that the leader has decided are cuit. ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S2621 . VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2622 CONGRESSIONAL RECORD — SENATE February 25, 2003 The PRESIDING OFFICER. The Sen- you do, as I think a majority does in letter from all living former solicitors gen- ator from Utah. this body, we would vote aye. Do as eral attests. He is not a real Hispanic and, by Mr. HATCH. Mr. President, I rise in your conscience dictates you must, but the way, he was nominated only because he favor of the nomination of Miguel is Hispanic—two arguments as repugnant as do not prolong the obstruction of the they are incoherent. Underlying it all is the Estrada for the United States Court of Senate by denying a vote on this nomi- fact that Democrats don’t want to put a con- Appeals for the District of Columbia nation. Do not continue to treat the servative on the court. Circuit. third branch of our Federal Govern- Laurence H. Silberman, a senior judge on We started the debate on this nomi- ment—the one branch intended to be the court to which Mr. Estrada aspires to nation during the week of February 3. insulated from political pressures— serve, recently observed that under the cur- We debated the entire week of Feb- rent standards being applied by the Senate, with such disregard that we filibuster not one of his colleagues could predictably ruary 10. And now here we are again in its nominees. Do not perpetuate this secure confirmation. He’s right. To be sure, our third week of debate, all because campaign of unfairness. Vote for him Republicans missed few opportunities to play some of my Democratic colleagues or vote against him but just vote. politics with President Clinton’s nominees. refuse to allow an up-or-down vote on Now, an editorial that appeared in But the Estrada filibuster is a step beyond this nomination. the Washington Post last week even those deplorable games. For Democrats The renowned former Senator from summed it up well. This editorial, demand, as a condition of a vote, answers to Massachusetts, Henry Cabot Lodge, questions that no nominee should be forced aptly entitled, ‘‘Just Vote’’ observed— to address—and that nominees have not pre- once said that ‘‘[t]o vote without de- let me read the one part I want to em- viously been forced to address. If Mr. Estrada bating is perilous, but to debate and phasize, though I would not mind read- cannot get a vote, there will be no reason for never vote is imbecile.’’ Yet that is ing the whole thing— Republicans to allow the next David S. precisely what is happening on Mr. The arguments against Mr. Estrada’s con- Tatel—a distinguished liberal member of the Estrada’s nomination. We are debating firmation range from the unpersuasive to the court—to get one when a Democrat someday and debating and debating the same offensive. He lacks judicial experience, his again picks judges. Yet the D.C. Circuit—and points again and again but never actu- critics say—though only three current mem- all courts, for that matter—would be all the bers of the court had been judges before their poorer were it composed entirely of people ally voting on the nomination. Enough whose views challenged nobody. is enough. It is time to vote. nominations. He is too young—though he is about the same age as Judge Harry T. Nor is the problem just Mr. Estrada. John My Republican colleagues and I have G. Roberts Jr., Mr. Bush’s other nominee to Edwards was when he was appointed [by the D.C. Circuit, has been waiting nearly two tried to get an agreement to vote on President Carter] and several years older years for a Judiciary Committee vote. No- Mr. Estrada’s nomination no fewer than Kenneth W. Starr was when he was body has raised a substantial argument than three separate times. Each time, nominated.
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