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Statement on the Senate Filibusters of the Nominations of Miguel A

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Statement on the Senate Filibusters of the Nominations of Miguel A 564 May 8 / Administration of George W. Bush, 2003 Statement on the Senate Filibusters United States of America, it is hereby or- of the Nominations of Miguel A. dered as follows: Estrada and Priscilla Owen To Be Section 1. Interagency Group on Insular Judges on the United States Court of Areas. (a) There is established, within the Appeals Department of the Interior for administra- tive purposes, the Interagency Group on In- May 8, 2003 sular Areas (IGIA). The group shall consist exclusively of: Miguel Estrada and Priscilla Owen have (i) the heads of the executive depart- been waiting 2 years for an up-or-down vote ments; and in the Senate. Both of these nominees are (ii) the heads of such agencies as the Sec- of the highest integrity and character with retary of the Interior may designate. tremendous legal experience. Both have (b) The Secretary of the Interior, or the been unanimously rated ‘‘well-qualified’’ by Secretary’s designee under section 1(c) of the American Bar Association. Each has the this order, shall convene and preside at the support of a majority of Senators, yet votes meetings of the IGIA, determine its agenda, on their nominations are being blocked by direct its work and, as appropriate to deal a minority of Senators who are engaged in simultaneous filibusters. These partisan ob- with particular subject matters, establish and structionist tactics are unprecedented, unac- direct subgroups of the IGIA that shall con- ceptable, and inconsistent with the Senate’s sist exclusively of members of the IGIA. constitutional responsibility. (c) A member of the IGIA may designate, Because of the Senate’s failure to hold to perform the IGIA or IGIA subgroup func- timely votes, the number of judicial vacancies tions of the member, any person who is a has become unacceptably high. When the part of the member’s department or agency Federal courts are understaffed, they cannot (agency) and who is either an officer of the act in a timely manner to resolve disputes United States appointed by the President or that affect the lives and liberties of Ameri- a member of the Senior Executive Service. cans. Sec. 2. Functions of the IGIA. The IGIA Mr. Estrada and Justice Owen represent shall: the mainstream of American law and Amer- (a) provide advice on establishment or im- ican values, possess extraordinary experience plementation of policies concerning Amer- and integrity, and have strong bipartisan sup- ican Samoa, Guam, the United States Virgin port from those who know them best. They Islands, and the Commonwealth of Northern will be outstanding circuit judges once they Mariana Islands (Insular Areas) to: receive a vote and are confirmed. (i) the President, through the Office of In recent days, many Senators of both par- Intergovernmental Affairs in the ties have rightly spoken out about the broken White House Office, in written re- confirmation process and reiterated the need ports, at least once each year; and for the Senate to ensure timely consideration (ii) the Secretary of the Interior; of judicial nominees. I appreciate their call (b) obtain information and advice con- for the Senate to fulfill its constitutional re- cerning Insular Areas from governors and sponsibility and hold up-or-down votes on all other elected officials in the Insular Areas judicial nominees within a reasonable time (including through a meeting at least once after nomination. each year with such governors of the Insular Areas who may wish to attend) in a manner that seeks their individual advice and does Executive Order 13299— not involve collective judgment or consensus Interagency Group on Insular Areas advice or deliberation; May 8, 2003 (c) obtain information and advice con- cerning Insular Areas, as the IGIA deter- By the authority vested in me as President mines appropriate, from representatives of by the Constitution and the laws of the entities or other individuals in a manner that VerDate Jan 31 2003 07:28 May 13, 2003 Jkt 200250 PO 00000 Frm 00034 Fmt 1244 Sfmt 1244 E:\PRESDOCS\P19MYT4.009 P19MYT4 Administration of George W. Bush, 2003 / May 9 565 seeks their individual advice and does not in- tice depend on fair and impartial judges. To volve collective judgment or consensus ad- ensure judges of the highest quality, integ- vice or deliberation; and rity, they designed a system in which the (d) at the request of the head of any agency President would nominate judges and the who is a member of the IGIA, unless the Senate would vote up or down on the nomi- Secretary of the Interior declines the re- nees. quest, promptly review and provide advice Today, we are facing a crisis in the Senate on a policy or policy implementation action and, therefore, a crisis in our judiciary. High- affecting one of the Insular Areas proposed ly qualified judicial nominees are waiting by that agency. years to get an up-or-down vote from the Sec. 3. General Provisions. (a) The Sec- United States Senate. They wait for years retary of the Interior may, as the Secretary while partisans search in vain for reasons to determines appropriate, make recommenda- reject them. The obstructionist tactics of a tions to the President, or to the heads of small group of Senators are setting a pattern agencies, regarding policy or policy imple- that threatens judicial independence. Mean- mentation actions of the Federal Govern- while, vacancies on the bench and over- ment affecting the Insular Areas. crowded court dockets are causing delays for (b) Nothing in this order shall be con- citizens seeking justice. The judicial con- strued to impair or otherwise affect the func- firmation process is broken, and it must be tions of the Director of the Office of Man- fixed for the good of the country. Every per- agement and Budget relating to budget, ad- son nominated to the Federal bench deserves ministrative, or legislative proposals. a timely vote. Sec. 4. Judicial Review. This order is in- I want to appreciate Al Gonzales’ introduc- tended only to improve the internal manage- tion. I appreciate his good, sound legal ad- ment of the Federal Government and is not vice. He’s been my friend for a long time. intended to, and does not, create any right or benefit, substantive or procedural, en- I’m really pleased he left Austin, Texas, to forceable at law or equity by a party against come up here and serve our country. I also the United States, its departments, agencies, want to thank the Attorney General for serv- instrumentalities or entities, its officers or ing our country as well. He is doing a fabu- employees, or any other person. lous job for our Nation, and we wish him a happiest 60th birthday today. George W. Bush I’m so pleased the leaders of the United The White House, States Senate are here. Bill Frist is ably lead- May 8, 2003. ing the United States Senate. Thank you for coming, Senator. I want to thank Senator [Filed with the Office of the Federal Register, Orrin Hatch for being here as well. The 10:47 a.m., May 9, 2003] chairman is going to lead the efforts to re- form our process. And Mr. Chairman, I sup- NOTE: This Executive order was published in the Federal Register on May 12. port your work to make sure we increase ju- dicial pay across the United States. Thank you for your leadership. Remarks on the Judicial I’m also grateful that Senators Cornyn Confirmation Process from Texas, Dole, and Graham of South May 9, 2003 Carolina, Mitch McConnell, Zell Miller, and Arlen Specter are with us. These folks rep- Thank you all very much. Please be seated. resent the best of the United States Senate, Thanks. Thanks a lot for coming. Thanks for and thank you for coming. the warm welcome. Welcome to the White I appreciate the fact that members of John House and the Rose Garden. I’m pleased all Ashcroft’s staff from the Justice Department of you could be here to stand for a truly inde- are here, in particular Larry Thompson, pendent Federal judiciary. The Framers of Bobby McCallum, and Ted Olson. Thank you the Constitution knew that freedom and jus- all for your good work and service. VerDate Jan 31 2003 07:28 May 13, 2003 Jkt 200250 PO 00000 Frm 00035 Fmt 1244 Sfmt 1244 E:\PRESDOCS\P19MYT4.009 P19MYT4.
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