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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, WEDNESDAY, FEBRUARY 12, 2003 No. 26—Part II Senate EXECUTIVE SESSION The problem here is that he didn’t cuit Court of Appeals for the District answer the questions the way they of Columbia. wanted him to. He answered them the Mr. SANTORUM. Mr. President, will NOMINATION OF MIGUEL A. way he should have. We put those ques- the Senator yield for a question? ESTRADA, OF VIRGINIA, TO BE tions and those answers into the UNITED STATES CIRCUIT JUDGE Mr. HATCH. I am happy to yield for RECORD today. a question without losing my right to FOR THE DISTRICT OF COLUM- It is unfair, after what this man has BIA CIRCUIT the floor. gone through—after all the hearings, Mr. SANTORUM. Mr. President, one (Continued) all the questions, all the time that has of the issues I have heard raised by the The PRESIDENT pro tempore. The elapsed—almost 2 years—that this other side is that the nominee has not Senator from Utah. highly qualified individual is now being had judicial experience. In fact, the Mr. HATCH. Mr. President, here we filibustered on the floor of the Senate. chairman of the House Democratic His- are in the middle of an unprecedented If the Democrat Members of the Sen- panic Caucus wrote a letter to the Ju- filibuster against the first Hispanic ate do not like his answers, then they diciary Committee, I understand. have a remedy; that is, vote against nominee to the Circuit Court of Ap- I want to quote from Congressman peals for the District of Columbia— Miguel Estrada. I can live with that. BOB MENENDEZ, who says: against a man who has a unanimously That is their right. If that is what they well-qualified rating by the ABA, want to do, that is a proper exercise of If the Senator— which was the gold standard of the their constitutional duty. Referring to Senator HATCH— But really understand that to con- Democrats and something that a lot of chooses to ignore one of the many reasons confirmed judges did not have; a man stitutionally modify the advice and we oppose the Estrada nomination, simply who has all the credentials in the consent process of the Constitution and put, he has no judicial expedience. world—magna cum laude from Colum- now require 60 votes in order to have a Presidential nominee confirmed by the Now, I find this to be a particularly bia, magna cum laude from the Har- amazing argument coming from some- vard School of Law, editor in chief of Senate is unprecedented, except in one case, and that was Judge Fortas. Presi- one who is Hispanic, given the paucity the Law Review, clerked for two Fed- of Hispanics on the bench right now, eral judges, one on the Second Circuit dent Nixon himself fought against that and argued against that. But it was a that we are setting this bar before a Court of Appeals put on the bench by group that only has about 3-percent President Carter, a Democrat, and, the bipartisan filibuster, if you have to characterize it. representation on the bench right now other, Supreme Court Justice Anthony but comprises 14 percent of the popu- Kennedy—lots of experience, worked in To simply deny the Senate a vote is unfair. It is unfair to the Senate, it is lation of this country, that someone the Solicitor General’s Office. who heads the Democratic Hispanic We have heard a lot of arguments, unfair to the President, it is unfair to Caucus will put this bar to Hispanic and many respected arguments. We the process, and it certainly is unfair nominees, that they do not have judi- have heard that Mr. Estrada has not to this Hispanic American, who, by the cial experience. answered the questions of Senators on way, has risen to be one of the best ap- that side. Well, he has. He spent a full pellate lawyers in the country even Has such a bar ever been placed be- day when they conducted the hearings. though he has the speech impediment fore that you are aware of for nomi- They set the agenda. They asked any disability. Think of it. He has a speech nees? questions they wanted to ask. They impediment, and yet he has argued 15 Mr. HATCH. First, let’s understand were in control. They have even said on cases before the U.S. Supreme Court, the Democratic Hispanic Caucus. They the floor during this debate that the winning 10 of them. I can’t name many did not allow the Republican Hispanics, hearings were conducted fairly by candidates for judicial office in my 27 the three of them in the House of Rep- them. years in the Senate who had even come resentatives, to become part of that. Then, when the election was lost, all close to that record. So it is clearly a very partisan group. of a sudden they now want to ask more I think this is an abuse of the proc- We have a couple of our colleagues in questions. And, by the way, they had ess. It is an abuse of what has really the Chamber from the House of Rep- an opportunity to ask any written been precedent through all of these resentatives watching this very care- questions after the full hearing. Only years. It is an abuse by the minority. It fully, people who have spoken out for two Senators asked written questions— is nothing more than what some would the Hispanic community. Senator DURBIN from Illinois and Sen- call the tyranny of the minority Secondly, by saying that he does not ator KENNEDY from Massachusetts. He against the first Hispanic nominee in have any judicial experience, therefore, answered those questions. the history of this country to the Cir- he doesn’t qualify to be on the Federal ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S2307 . VerDate Jan 31 2003 01:00 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.169 S12PT2 S2308 CONGRESSIONAL RECORD — SENATE February 12, 2003 bench, what does that say to every Janet Reno Justice Department. And it speaking any English when he was a member of the Hispanic Bar Associa- would seem highly unlikely to me that teenager? tion, none of whom, really, except cur- a right-wing ideologue would be hired Mr. HATCH. He came to the United rent judges, have any judicial experi- to work for the Clinton Justice Depart- States at age 17, if I recall it correctly. ence in the sense of having been judges. ment. But that is the charge that is He had a very limited knowledge of It means he is saying they cannot be being brought against him; is that cor- English, taught himself English, went judges either. rect? on to Columbia University, graduating What kind of a representative of the Mr. HATCH. The nominee, Miguel magna cum laude, and from there went Hispanic community would make that Estrada, worked for the Clinton admin- on to Harvard University, where he kind of a statement, if he really wants istration. He worked in the Solicitor also graduated magna cum laude and to help the Hispanic community? Or is General’s Office of the Justice Depart- also was editor in chief of the Harvard that representative just making par- ment in the Clinton administration. Law Review. tisan remarks, which is what I believe And it is highly unlikely that he would Yes, he overcame a lot of problems. he was doing? have received the support of Seth Wax- As I say, that is in addition to his dis- The fact is, we have confirmed 26 man and other prominent Democrats if ability that has not stopped him from Clinton judges who have not had judi- he were a right-wing ideologue. In fact, reaching the heights of the legal pro- cial experience—26. That is the Seth Waxman says he is not. fession. phoniest argument I have heard yet, Now, Seth Waxman was a Democrat Mr. GREGG. Will the Senator yield and it is a disgrace to argue it in the Solicitor General under Clinton. By the for a further question? sense that Hispanics cannot serve on way, the seven living former Solicitors Mr. HATCH. I yield further to the the judiciary if they have not had judi- General are backing Miguel Estrada, distinguished Senator from New Hamp- cial experience. four of whom are Democrats: Seth shire. Now, let’s think of one other thing. Waxman, Drew Days, Walter Dellinger, Mr. GREGG. That is one incredible Miguel Estrada was a law clerk to and Archibald Cox. record. Is not Columbia University a Amalya Kearse, a Carter appointee, on Mr. BROWNBACK. I thank my col- university in New York City? I believe the Second Circuit Court of Appeals. league for responding to the question. I the Senator from New York was on the That is judicial experience. He helped find it so odd that would be a charge floor. In fact, it is one of the finest uni- write some of the opinions that she brought against him. He worked for the versities in the United States. And an made. He was a law clerk to Anthony Clinton administration, the Janet extremely competitive person came Kennedy on the Supreme Court of the Reno Justice Department.
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