February 10, 2003 CONGRESSIONAL RECORD — SENATE S2067 back and forth—all of them realized EXECUTIVE SESSION prevented a lower-court nominee’s confirma- that anyone can come down at any mo- tion, the White House says. And that’s good, It’s hard enough to get swift Judiciary Com- ment of inattention and, using the NOMINATION OF MIGUEL A. mittee action and floor votes for judicial rules, gain a one-time advantage. With ESTRADA, OF VIRGINIA, TO BE nominees. The possibility of a filibuster all the distinguished leaders, I never UNITED STATES CIRCUIT JUDGE probably checks rash or overly partisan saw a single one of them do that, even nominations; one can imagine candidates so FOR THE DISTRICT OF COLUM- wrong or offensive that the tactic would be when over and over again they had an BIA justified. but a world in which filibusters opportunity to do it. Many times when The ACTING PRESIDENT pro tem- serve as an active instrument of nomination I was chairman of the Agriculture pore. The Senate will now resume exec- politics is not the either party should want. Committee, when I was chairman of Mr. Estrada’s nomination in no way justi- utive session and the consideration of fies a filibuster. The case against him is that Judiciary Committee, when I was Executive Calendar No. 21, which the he is a conservative who was publicly criti- chairman of the Foreign Operations clerk will report. cized by a former supervisor in the Office of Committee, and when I was chairman The legislative clerk read the nomi- the Solicitor General, where he once worked. of a number of others, we would have nation of Miguel A. Estrada, of Vir- He was not forthcoming with the committee in its efforts to discern his personal views on hotly contested issues and cases where ginia, to be United States Circuit Judge for the District of Columbia Cir- controversial issues—as many nominees are the ranking Member, the only other not—and the administration has (rightly) de- cuit. person on the floor, had to leave the clined to provide copies of his confidential Mr. HATCH. Mr. President, of course, floor for a phone call or something like memos from his service in government. Hav- there are not going to be any games ing failed to assemble a plausible case that. And, of course, I always protected played. Nobody on this side wants to against him, Democrats are now arguing their rights. That is something that play games. This is important stuff. We that this failure is itself grounds for his re- has been done. It is the role of the ma- understand there are those on the mi- jection—because it stems from his own and jority leader, of course, to try to move nority side who do not agree with this the administration’s discourteous refusal to arm Democrats with examples of the extre- legislation forward. It has always been nomination. They have a right to not mism that would justify their opposition. my feeling, whether being in the ma- agree. But they have a right to vote Such circular logic should not stall Mr. jority or in the minority, that the ma- against Miguel Estrada if that is what Estrada’s nomination any longer. It cer- jority leader should do that. I think we they really think is right. tainly doesn’t warrant further escalating a war that long ago got out of hand. can. But I also think everybody should On the other hand, should there be a filibuster it will be the first filibuster Mr. HATCH. I would like to take a realize that last week was a rather ex- in history against an inferior court, few moments this morning to respond traordinary week with, first, the serv- the circuit court of appeals or the dis- to some of the allegations that Miguel ices in Houston, and then the services trict court. Estrada lacks support in the Hispanic at the National Cathedral, and then With regard to the 100 nominees that community. Nothing could be further the Republicans had a conference made it through in the last few years, from the truth. where they had to go on Friday. A lot that was a very good record, primarily Young men and women from Mexico, was chopped into that week. just for judges. I am more interested in Central and South America, who come to the United States—sometimes with I have already said the three judges how many are left over. I am more in- terested in how we reduce the number their parents, sometimes without— which are on the Executive Calendar— of holdovers. Let us hope we can do have helped to build this country. those which were actually going to be that. I am going to do everything in There is no question about it. They put over by the Republicans initially in my power to do it, and I hope I will have mined our mines. They have built the executive markup—I said to the have the cooperation of those on the our railroads. They have worked on the distinguished Senator from Utah, let minority side in trying to do what is roads. They have advanced themselves us go ahead and vote them out so we really our job; that is, to put the Presi- in education. They are now doctors, lawyers, and filling positions in vir- can get them on the floor. But also the dent’s—whoever the President is— tually every walk of life in this coun- majority leader may not be aware of nominees through. We always have try, and rightly so. the fact—at least from some of his someone on both sides who wants to They struggled in a foreign country statements—that during 17 months we slow the process down. We understand to make a better life, and the gifts did get through 100 of President Bush’s that. But hopefully we can get people they have brought to this Nation are judges and got all of them confirmed of goodwill to not slow the process what has made this Nation a great na- on the floor. I know the distinguished down and to not filibuster this wonder- tion. And they still do today. The His- ful Hispanic judge named Miguel Senator from Utah would like to come panic community leaders I have Estrada. close to that record, a record that was worked with over the years consider Mr. President, in that regard, I ask Miguel’s success as their success. And not achieved when the Republicans unanimous consent that a Washington were chairing that committee and they know that all young Latinos Post editorial entitled ‘‘Filibustering across the country—whether they live when President Clinton was here. I Judges’’ be printed in the RECORD. in border town colonia, a barrio in Chi- There being no objection, the mate- know he would want to try for that cago, or Miami’s Calle Ocho—need role rial was ordered to printed in the now. Of course, I would be happy to go models such as Miguel to emulate. forward on those and vote those three RECORD, as follows: Miguel arrived in this country with out. There will be rollcall votes. I real- [From the Washington Post, Feb. 5, 2003] his mother at age 14. He lived in a mod- ize that last year sometimes we had 10 FILIBUSTERING JUDGES est home, and his parents worked hard or 12 at a time by voice vote. I think ‘‘Tell Senators: Filibuster the Estrada to send him to private schools. There is Nomination!’’ cries the Web site of People no crime in that. In fact, many Latino that escaped the attention of the press, for the American Way. The subject is Presi- the White House, the Republican Sen- dent Bush’s nomination of Miguel A. Estrada families work two and three jobs just ate campaign committee, and others. to a seat on the U.S. Court of Appeals for the to be able to send their children to pri- DC Circuit. Democratic senators may not vate schools, which are usually Catho- I yield the floor. need much encouragement. With the Estrada lic schools. That is no crime. In fact, nomination due to come to the Senate floor the Catholic schools are among the f today, they are contemplating a dramatic es- best schools in this country. I do not calation of the judicial nomination wars. blame any parent for wanting to send RESERVATION OF LEADERSHIP They should stand down. Mr. Estrada, who is their children to Catholic schools. well qualified for the bench, should not be a They learn a lot of important things in TIME tough case for confirmation. Democrats who Catholic schools. It is a sign of a His- The ACTING PRESIDENT pro tem- disagree may vote against him. They should not deny him a vote. panic parent’s love and dedication, and pore. Under the previous order, leader- Senators have on occasion staged filibus- it is a manifestation of Latino values ship time is reserved. ters on judicial nominees, but none has ever at their best. VerDate Dec 13 2002 01:04 Feb 11, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G10FE6.006 S10PT1 S2068 CONGRESSIONAL RECORD — SENATE February 10, 2003 Latino groups that oppose Miguel’s portunity. They have fought hard all Latino people are for him, and they do confirmation—notably, the Mexican these years they have been in this not like these games being played. American Legal Defense and Education country.