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Confirmation Hearing on the Nomination of William G S. HRG. 109–38 CONFIRMATION HEARING ON THE NOMINATION OF WILLIAM G. MYERS III, OF IDAHO, TO BE CIRCUIT JUDGE FOR THE NINTH CIRCUIT HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED NINTH CONGRESS FIRST SESSION March 1, 2005 Serial No. J–109–21 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 21–544 PDF WASHINGTON : 2005 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 14:53 Jun 10, 2005 Jkt 021544 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\HEARINGS\21544.TXT SJUD4 PsN: CMORC COMMITTEE ON THE JUDICIARY ARLEN SPECTER, Pennsylvania, Chairman ORRIN G. HATCH, Utah PATRICK J. LEAHY, Vermont CHARLES E. GRASSLEY, Iowa EDWARD M. KENNEDY, Massachusetts JON KYL, Arizona JOSEPH R. BIDEN, JR., Delaware MIKE DEWINE, Ohio HERBERT KOHL, Wisconsin JEFF SESSIONS, Alabama DIANNE FEINSTEIN, California LINDSEY O. GRAHAM, South Carolina RUSSELL D. FEINGOLD, Wisconsin JOHN CORNYN, Texas CHARLES E. SCHUMER, New York SAM BROWNBACK, Kansas RICHARD J. DURBIN, Illinois TOM COBURN, Oklahoma DAVID BROG, Staff Director MICHAEL O’NEILL, Chief Counsel BRUCE A. COHEN, Democratic Chief Counsel and Staff Director (II) VerDate 0ct 09 2002 14:53 Jun 10, 2005 Jkt 021544 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\21544.TXT SJUD4 PsN: CMORC C O N T E N T S TUESDAY, MARCH 1, 2005 STATEMENTS OF COMMITTEE MEMBERS Page Durbin, Hon. Richard J., a U.S. Senator from the State of Illinois, prepared statement .............................................................................................................. 148 Feingold, Hon. Russell D., a U.S. Senator from the State of Wisconsin, pre- pared statement ................................................................................................... 160 Kennedy, Hon. Edward M., a U.S. Senator from the State of Massachusetts, prepared statement .............................................................................................. 188 Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont .................... 9 prepared statement .......................................................................................... 217 Schumer, Hon. Charles E., a U.S. Senator from the State of New York ............ 4 Specter, Hon. Arlen, a U.S. Senator from the State of Pennsylvania ................. 1 PRESENTER Craig, Hon. Larry E., a U.S. Senator from the State of Idaho presenting William Myers, Nominee to be Circuit Judge for the Ninth Circuit Court of Appeals ............................................................................................................. 2 STATEMENT OF THE NOMINEE Myers, William G., III, Nominee to be Circuit Judge for the Ninth Circuit ...... 12 Questionnaire .................................................................................................... 13 QUESTIONS AND ANSWERS Responses of William G. Myers III to questions submitted by Senators Leahy, Feinstein, and Feingold ....................................................................................... 58 Responses of William G. Myers III to questions submitted by Senator Ken- nedy ....................................................................................................................... 74 Response of William G. Myers III to a follow-up question submitted by Sen- ator Leahy ............................................................................................................. 83 Responses of William G. Myers III to follow-up questions submitted by Sen- ator Kennedy ........................................................................................................ 85 SUBMISSIONS FOR THE RECORD Affiliated Tribes of Northwest Indians, Portland, Oregon, letter ........................ 89 Ak-Chin Indian Community, Terry O. Enos, Chairman, Maricopa, Arizona, letter ...................................................................................................................... 92 American Federation of Labor-Congress of Industrial Organizations (AFL– CIO), William Samuel, Director, Department of Legislation, Washington, D.C., letter ............................................................................................................ 93 Andrus, Cecil D., Office of Legal Policy, Department of Justice, Washington, D.C., letter ............................................................................................................ 94 Anoatubby, Bill, Governor, The Chickasaw Nation, Ada, Oklahoma, letter ...... 95 (III) VerDate 0ct 09 2002 14:53 Jun 10, 2005 Jkt 021544 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\21544.TXT SJUD4 PsN: CMORC IV Page Attorneys General—Gregg Enkes, Attorney General of Alaska; M. Jane Brady, Attorney General of Delaware; Mark J. Bennett, Attorney General of Hawaii; Ken Salazar, Attorney General of Colorado; Douglas Moylan, Attorney General of Guam, Lawrence Wasden, Attorney General of Idaho; Brian Sandoval, Attorney General of Nevada; Larry Long, Attorney General of South Dakota; Patrick Crank, Attorney General of Wyoming; Wayne Stenehjem, Attorney General of North Dakota; W.A. Drew Edmondson, Attorney General of Oklahoma; Mark Shurtleff, Attorney General of Utah; Gerald J. Pappert, Attorney General of Pennsylvania; Jim Petro, Attorney General of Ohio; and Jerry Kilgore, Attorney General of Virginia, joint letter ...................................................................................................................... 96 Barr, William P., McLean, Virginia, letter ............................................................ 100 Bear River Band of Rohnerville Rancheria, Janice McGinnis, Tribal Vice- Chairperson, Loleta, California, letter ............................................................... 101 Berrey, John L., Chairman, Quapaw Tribe, Quapaw, Oklahoma, letter ............ 103 Big Pine Paiute Tribe of the Owens Valley, Jessica L. Bacoch, Tribal Chair- person, Big Pine, California, letter ..................................................................... 104 Big Sandy Rancheria, Connie Lewis, Auberry, California, letter ........................ 106 Cabazon Band of Mission Indians, John A. James, Tribal Chairman, Indio, California, letter ................................................................................................... 108 Cachil DeHe Band of Wintun Indians, Wayner R. Mitchum, Colusa, Cali- fornia, letter .......................................................................................................... 110 California Nations Indian Gaming Association, Susan Jensen, Director of Communications, Sacramento, California, letter and attachment ................... 112 California Rural Indian Health Board, Inc., James Crouch, Executive Direc- tor, Sacramento, California, letter ...................................................................... 117 Circle Tribal Council, Circle, Alaska, letter .......................................................... 120 Civil rights, disability rights, senior citizens, women’s rights, human rights, Native American, planning and environmental organizations, joint letter ..... 122 Colorado Cattlemen’s Association, Lucy Meyring, President, Arvada, Colorado, letter ...................................................................................................................... 132 Confederated Tribes of Siletz Indians, Delores Pigsley, Tribal Council Chair- man, Siletz, Oregon, letter .................................................................................. 133 Congress of the United States, concerned Members of Congress, Washington, D.C., joint letter ................................................................................................... 135 Crapo, Hon. Mike, a U.S. Senator from the State of Idaho, statement .............. 140 Cuddy, Hon. Charles D., Idaho State Representative, Clearwater, Idaho, let- ter .......................................................................................................................... 142 Delaware Tribe of Indians, Joe Brooks, Chief, Bartlesville, Oklahoma, letter .. 144 Dennis, Michael, Director, Conservation Real Estate and Private Lands, Na- ture Conservancy, Arlington, Virginia, letters .................................................. 146 Elko Band Council, Hugh Stevens, Vice-Chairman, Elko, Nevada, letter .......... 151 Environmental, Native American, labor, civil rights, disability, women’s and other organizations, list ....................................................................................... 153 Fallon Paiute-Shoshone Tribe, Len George, Vice-Chairman, Fallon, Nevada, letter and attachment .......................................................................................... 156 Friends of the Earth, January 2004, article .......................................................... 165 Habematolel Pomo of Upper Lake, Carmella Icay-Johnson, Chairperson, Upper Lake, California, letter ............................................................................. 168 Ho-Chunk Nation Legislature, Wade Blackdeer, Vice President, Black River Falls, Wisconsin ................................................................................................... 170 Hopland Band of Pomo Indians, Sandra C. Sigala, Tribal Chairperson, Hopland, California, letter .................................................................................
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