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Letter to Senate Leaders on the Nomination of Miguel A. Estrada to Be a United States Court of Appeals Circuit Judge March 11, 2003

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Letter to Senate Leaders on the Nomination of Miguel A. Estrada to Be a United States Court of Appeals Circuit Judge March 11, 2003 Mar. 8 / Administration of George W. Bush, 2003 the White House for broadcast at 10:06 a.m. was captured in Pakistan on March 1, 2003; on March 8. The transcript was made avail- Hans Blix, Executive Chairman, United Na- able by the Office of the Press Secretary on tions Monitoring, Verification and Inspection March 7 but was embargoed for release until Commission; and President Saddam Hussein the broadcast. In his remarks, the President of Iraq. The Office of the Press Secretary referred to Khalid Sheikh Mohammed, sen- also released a Spanish language transcript ior Al Qaida leader responsible for planning of this address. the September 11, 2001, terrorist attack, who Letter to Senate Leaders on the Nomination of Miguel A. Estrada To Be a United States Court of Appeals Circuit Judge March 11, 2003 Dear lllll : forth tactics that have marred the judicial The Senate is debating the nomination confirmation process for years, as many ju- of Miguel A. Estrada to be a Judge of dicial nominees have never received up or the United States Court of Appeals for the down Senate votes. And now, a minority District of Columbia Circuit. Miguel of Senators are threatening for the first Estrada’s life is an example of the American time to use ideological filibusters as a Dream. He came to this country from Hon- standard tool to indefinitely block confirma- duras as a teenager barely speaking English tion of well-qualified nominees with strong and went on to graduate with honors from bipartisan support. This has to end. Harvard Law School. He has argued 15 The judicial confirmation process is bro- cases before the Supreme Court of the ken, and the consequences for the Amer- United States and served in the United ican people are real. Because of the Sen- States Department of Justice under Presi- ate’s failure to hold timely votes, the num- dents of both political parties. The Amer- ber of judicial vacancies has been unaccept- ican Bar Association has given him its high- ably high during my Presidency and those est rating. When appointed, he will be the first Hispanic ever to serve on the D.C. of President Bill Clinton and President Circuit. George H.W. Bush. The Chief Justice has I submitted Mr. Estrada’s nomination to warned that the high number of judicial the Senate on May 9, 2001. But his nomi- vacancies, when combined with the ever- nation has been stalled for partisan reasons increasing caseloads, leads to crowded for nearly 2 years in which the Senate has courts and threatens the administration of not held a vote either to confirm or to justice. When understaffed, the Federal reject the nomination. courts cannot act in a timely manner to The Senate has a solemn responsibility resolve disputes that affect the lives and to exercise its constitutional advice and con- liberties of all Americans. The courts can- sent function and hold up or down votes not decide constitutional cases promptly, on judicial nominees within a reasonable which harms people seeking to vindicate time after nomination. Senators who are and protect their rights, and the courts can- filibustering a vote on Miguel Estrada are not rule on commercial cases efficiently, flouting the intention of the United States which hurts the economy, businesses, and Constitution and the tradition of the United workers. Our system of equal justice under States Senate. The filibuster is the culmina- law administered fairly and efficiently is at tion of an escalating series of back-and- risk. The American Bar Association in 2002 258 Administration of George W. Bush, 2003 / Mar. 11 accurately described the situation as an no matter who is President or which party ‘‘emergency.’’ controls the Senate. This is the only way My concern about the state of the judi- to ensure that our Judiciary works and that cial confirmation process is not new. In good people remain willing to be nomi- June 2000, I proposed timely votes for all nated to the Federal bench. nominees, stating that the confirmation All Senators should have a chance to process ‘‘does not empower anyone to turn have their voices heard and their votes the process into a protracted ordeal of un- counted. All Presidents should have their reasonable delay and unrelenting investiga- judicial nominees considered and voted tion.’’ In May 2001, when I announced my upon in a reasonable time. All nominees first judicial nominations, I urged the Sen- should have the certainty of an up or down ate to rise above the bitterness of the past Senate vote within a reasonable time. All and again asked that every judicial nominee Judges should have the assurance that va- receive a timely up or down vote. In Octo- cancies on their courts will not persist for ber 2002, after nearly two additional years years. And all Americans should have the in which too many nominees did not re- assurance that the Federal courts will re- ceive votes, I proposed a specific, common- main open and fully staffed to resolve their sense plan involving all three Branches that, disputes and protect their rights and lib- among other steps, would ensure that all erties. judicial nominees receive an up or down As I stated last October, the current state Senate vote within 180 days of nomination. of affairs in the United States Senate is Over the years, many Senators of both not merely another round of political wran- political parties have publicly agreed with gling. It is a disturbing failure to meet a the principle that every judicial nominee responsibility under the Constitution. Our should receive a timely up or down Senate country deserves better, the process can vote. Similarly, the Federal Judiciary, work better, and we can make it better. speaking through the Chief Justice in his The Constitution has given us a shared 2001 Year-End Report, has stated that the duty, and we must meet that duty together. Senate should ‘‘schedule up or down votes Thank you for your attention to this impor- on judicial nominees within a reasonable tant matter. time after receiving the nomination.’’ Sincerely, I ask Senators of both parties to come together to end the escalating cycle of GEORGE W. BUSH blame and bitterness and to restore fair- ness, predictability, and dignity to the proc- NOTE: Letters were sent to Bill Frist, Senate ess. I ask that the Senate take action, in- majority leader, and Thomas A. Daschle, cluding adoption of a permanent rule, to Senate minority leader. An original was not ensure timely up or down votes on judicial available for verification of the content of this nominations both now and in the future, letter. 259.
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