DOCSLIB.ORG

Congressional Record—Senate S7856

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Congressional Record—Senate S7856 S7856 CONGRESSIONAL RECORD — SENATE August 1, 2002 the Senator will not be allowed to get U.S. Supreme Court. Is this individual preme Court; and prior State Solicitor access to the floor for the rest of the qualified? He was nominated a year ago of the State of Ohio. He has yet to have day; and maybe other penalties. We in May, and he has yet to have a hear- a hearing in the Judiciary Committee. have not done that, but maybe we need ing. He has argued 37 cases before the Dennis Shedd, nominated to the to do it. So that is my purpose for com- Supreme Court. How do you get more Fourth Circuit; a judge in the U.S. Dis- ing to the floor. qualified? Miguel Estrada argued 15 trict Court of South Carolina since I want to make a couple of other cases before the Supreme Court and 1991; rated well qualified by ABA; 20 comments. was unanimously rated well qualified years of private practice and public Mr. GRAHAM. Will the Senator yield by the ABA. He emigrated to the service prior to becoming a district for another question? United States as a teenager from Hon- judge; law degree from the University Mr. NICKLES. I am not going to duras and spoke virtually no English. of South Carolina; master of law degree yield. I am going to make one other He graduated magna cum laude from from Georgetown. He received a hear- comment on a different subject. Harvard Law School, editor of the Har- ing on June 27—still not reported out f vard Law Review, law clerk to Justice of committee. I thank my colleagues for the fact we JUDICIAL NOMINATIONS Kennedy, a former assistant solicitor general and assistant U.S. attorney. He have confirmed 72 judges, but I men- Mr. NICKELS. Mr. President, earlier has not received a hearing. tioned 8 nominees who were nominated today we confirmed a total of eight I guess you can say, we have con- in May of last year; a couple have had judges. A lot of people said, boy, didn’t firmed 72 this year, how is it fair to a hearing, and the rest have not had we do great? We have done more in the have 2 individuals such as John Rob- hearings and have not been voted on in last 12 months than anybody has done erts and Miguel Estrada not even have committee, and we have not had a in the last 12 months. a hearing, having been nominated over chance to have a vote on the floor. A I thank Senator DASCHLE, Senator a year ago? Senator LEAHY made a year and a half, how much is enough? LEAHY, and others because we did con- commitment we would do Miguel This is an outrage. I don’t think this firm a few more circuit court judges, Estrada. I am waiting. should be done, Democrat or Repub- but let me state my disappointment in Priscilla Owen: We had a hearing in lican. the fact that we have not done near July of this year but no vote. The Re- I plan on being back in the majority, enough. I want to put out facts. We publicans asked that be postponed be- and I tell my friends and colleagues on have now confirmed 13 circuit court cause we are not sure where the votes the other side of the aisle, I plan on judges. President Bush submitted 32. are. Texas Supreme Court justice since treating judicial nominees fairly. Re- We are in the second year of his Presi- 1994; unanimously rated well qualified gardless of who is in the White House, dency. We are not quite finished, but by ABA; Baylor Law School graduate; we should treat them fairly. If there is we have confirmed 40 percent of his cir- member, Baylor law review; highest a judge really out of the mainstream, cuit court nominees. I looked at the scorer on the Texas bar exam; emi- let’s debate it. But to hold up these in- first 2 years of the Clinton administra- nently qualified. dividuals who have argued 30, and 15, tion, and this Senate confirmed 19 of Maybe some people are now putting a and 9, and 10 cases before the Supreme 22. That is 86 percent. I looked at the litmus test in the committee. We did Court and we do not even give them a first 2 years of the first President not used to do that. People used to rail hearing in committee, that is not fair. Bush, the 101st Congress, and we con- against having a litmus test, and now That is an injustice. That is an abuse firmed 22 of 23 circuit court judges. people are trying to come up with a lit- of power. That is 95 percent. mus test. If she is not confirmed, that Maybe we are confirming district I looked at the first 2 years of Presi- is a travesty. judges, and that is great, and district dent Reagan, 97th Congress, we con- Terrence Boyle was nominated in judges have sponsors of Senators. firmed 19 of 20 of his circuit court May, a year ago chief judge of the U.S. These are appellate court judges, cir- nominees. That is 95 percent. District Court, District of North Caro- cuit court judges, next to the highest So for the three previous Presidents lina, since 1997; unanimously rated well court in the land, next to the Supreme we confirmed over 90 percent of their qualified. He worked as counsel in the Court, and they cannot get a hearing. I circuit court nominees in their first 2 House Subcommittee on Housing; was don’t think that is right. I don’t think years. a legislative assistant in the Senate; it is fair. I am not saying there have This Congress—and granted, the first prior district judge, 1984 to 1987; very not been injustices before by Repub- several months, the first 6 or 7 months well qualified and still no hearing and licans. Enough of this nonsense: You of this Congress was controlled by Re- certainly has not had a vote. did not treat us right, we are not going publicans and we did not confirm any Michael McConnell, nominated to the to treat you right. judges because the President was just Tenth Circuit; presidential professor of Again, the tradition of the Senate: sending his nominees through and they law, University of Utah; unanimously We do not usually confirm a lot of did not have time, and that is not un- rated well qualified by ABA; one of the nominees in a President’s last year or usual. We usually do not confirm very country’s leading constitutional law so. We certainly do his first year or so, many in the first 6 months of any ad- experts; argued 11 cases before the U.S. as evidenced by the fact—and I will put ministration. Supreme Court; prior assistant solic- this in the Record—that 95 and 96 per- So far this year, we have done 13 out itor general; law clerk for Justice cent of the three previous Presidents’ of 32; that is 40 percent. That is less Brennan and cannot even get a hear- circuit court nominees were confirmed than half the percentage of what we did ing. in the first 2 years—almost all of in three previous Presidencies. Those Deborah Cook, nominated to the them—and this year we are at 40 per- are just facts. I heard someone said we Sixth District; justice to the Supreme cent on circuit court nominees. confirmed 72 judges. Great, 72 is a lot Court of Ohio since 1994; unanimously That is totally unsatisfactory. That more than we confirmed in the last 2 rated well qualified by ABA. The Sixth is not fair to those individuals. It is years of the Clinton administration. Circuit is almost half vacant, with 7 not fair to the judicial system. It is Granted, we usually don’t confirm very out of 16 seats empty in the Sixth Cir- certainly not fair to the Sixth Circuit many in the last year of a President’s cuit; exceptionally well qualified and Court, which is almost half vacant. terms, but in the first 2 years we usu- no hearing. I tell my colleagues, we have made ally do, and we are way behind. Jeffrey Sutton, nominated to the some progress, and my compliments. Some of the individuals were nomi- Sixth Circuit as well; rated well quali- But we have a lot more to do, espe- nated 449 days ago—over a year ago. fied by ABA and qualified by ABA; cially on circuit court nominees and on They were nominated last May—a year graduated first in his class, Ohio Uni- individuals such as John Roberts and ago May. Some of these are the most versity College of Law; law clerk to Su- Miguel Estrada. Let’s lower the rhet- outstanding nominees I have ever seen. preme Court Justices Powell and oric and get some people confirmed. John Roberts, nominated for the DC Scalia, and argued 9 cases and over 50 Let’s treat them like individuals, with Circuit, has argued 37 cases before the merits and amicus briefs before the Su- dignity. They have been nominated to VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7857 the highest courts in the land.
Load more

Recommended publications
  • When Inter-Branch Norms Break Down: of Arms-For-Hostages, "Orderly Shutdowns," Presidential Impeachments, and Judicial "Coups"
    WHEN INTER-BRANCH NORMS BREAK DOWN: OF ARMS-FOR-HOSTAGES, "ORDERLY SHUTDOWNS," PRESIDENTIAL IMPEACHMENTS, AND JUDICIAL "COUPS" Peter M. Shanet INTRODUCTION . .. .. .. .. .. .. .. .. .. .. .. 503 I. CHECKS AND BALANCES, DEMOCRATIC LEGITIMACY, AND INTER-BRANCH COOPERATION .. .. .. .. .. .. .. .. .. .. .. 505 II. ATTACKING CHECKS AND BALANCES: FOUR EPISODES ............................................ 514 A. ELIMATING CONGRESS'S FOREIGN POLICY ROLE: THE IRAN-CONTRA SCANDAL . .. .. .. .. .. 514 B. SHUTTING DOWN THE EXECUTIVE ESTABLISHMENT: THE 1995 BUDGET SHOWDOWN ..................... 516 C. SUBJUGATING THE PRESIDENT TO CONGRESSIONAL CONTROL: THE CLINTON IMPEACHMENT. .. .. .. 521 D. USURPING THE APPOINTMENTS POWER: THE STONEWALLING OF CLINTON JUDGES................. 526 III. THE CAMPAIGN AGAINST DELIBERATIVE LEGITIMACY AND ITS CAUSES ... .. ... .. .. .. .. ... 533 IV. WHAT NEXT? . .... .. .... .. ... .. .. .. .. .. .. .. .. .. .. 540 INTRODUCTION Future historians of American government surely will take note of a remarkable series of domestic political events around the turn of the Twenty-First Century. Congress impeached a President for lying about a t Joseph S. Platt-Porter, Wright, Morris and Arthur Professor of Law, Moritz College of Law, The Ohio State University and Distinguished Service Professor Adjunct of Law and Public Policy, H. J. Heinz III School of Public Policy and Management, Carnegie Mellon University. I am grateful to Cynthia Farina and Saikrishna Prakash fortheir comments on an earlier draft, and for reactions from Reed
    [Show full text]
  • The Cost of Partisan Politics on Minority Diversity of the Federal Bench
    Indiana Law Journal Volume 83 Issue 4 Article 11 Fall 2008 Only Skin Deep?: The Cost of Partisan Politics on Minority Diversity of the Federal Bench Sylvia R. Lazos Vargas William S. Boyd School of Law at the University of Nevada Las Vegas Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Civil Rights and Discrimination Commons, Courts Commons, Judges Commons, and the Law and Politics Commons Recommended Citation Lazos Vargas, Sylvia R. (2008) "Only Skin Deep?: The Cost of Partisan Politics on Minority Diversity of the Federal Bench," Indiana Law Journal: Vol. 83 : Iss. 4 , Article 11. Available at: https://www.repository.law.indiana.edu/ilj/vol83/iss4/11 This Symposium is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Only Skin Deep?: The Cost of Partisan Politics on Minority Diversity of the Federal Bench SYLVIA R. LAZOS VARGAS* INTRODUCTION ..................................................................................................... 1423 I. WHAT ARE THE BENEFITS TO THE JUDICIARY FROM DIVERSITY? ....... .. .. .. .. 1426 A . D escriptive Diversity ........................................................................ 1428 B. Sym bolic D iversity............................................................................ 1430 C. Viewpoint D iversity .........................................................................
    [Show full text]
  • Congressional Record—House H435
    February 12, 2003 CONGRESSIONAL RECORD — HOUSE H435 NATIONAL DRUG CONTROL STRAT- Mr. KINGSTON. Mr. Speaker, I cer- court. I think it is unfortunate for the EGY—MESSAGE FROM THE tainly appreciate the opportunity to diversity of the court and for racial re- PRESIDENT OF THE UNITED address the House tonight. I wanted to lations in general; but, more impor- STATES start off by commenting on some of the tantly, somehow that they seem to be The SPEAKER pro tempore laid be- comments that were made by our col- attacking the American dream. fore the House the following message leagues on the Democrat side of the Here is a young guy that comes to from the President of the United House; but before I do that, I wanted to America when he is 17 years old. He is States; which was read and, together comment about the message that we an immigrant from Honduras. By the time he is 41, he is nominated with the accompanying papers, without just received from the President of the to be the first Hispanic to sit on the objection, referred to the Committee United States. D.C. court. He graduated Phi Beta on the Judiciary, Committee on Agri- Mr. Speaker, as you know, the Presi- Kappa from Columbia College and culture, Committee on Armed Services, dent has listed as one of his priority magna cum laude from Harvard Law. Committee on Financial Services, items this year to have a compas- By the age of 40 he had argued 15 cases Committee on Energy and Commerce, sionate, conservative model to end before the Supreme Court and was Committee on Education and the drug addiction.
    [Show full text]
  • 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.
    [Show full text]
  • Brett Kavanaugh Nominee for the U.S
    Brett Kavanaugh Nominee for the U.S. Court of Appeals for the D.C. Circuit Brief Biography • Age 39. Born February 12, 1965. • B.A. cum laude, Yale 1987. • J.D., Yale 1990. • Law Clerk for: o Walter Stapelton, Third Circuit, 1990-91. o Alex Kozinski, Ninth Circuit, 1991-92. o Anthony Kennedy, U.S. Supreme Court, 1993-94. • Attorney in the Office of U.S. Solicitor General Kenneth Starr, 1992-93. • Associate Counsel in the Office of Independent Counsel Kenneth Starr, 1994-97, 1998. • Partner at Kirkland & Ellis, Washington, D.C., 1997-98 & 1999-2001. • Associate White House Counsel 2001-03. • Assistant to the President and Staff Secretary 2003-present. President Bush’s nomination of Brett Kavanaugh for a seat on the U.S. Court of Appeals for the D.C. Circuit exemplifies the White House’s reliance on ideology over merit in selecting judicial nominees. Kavanaugh appears to have been chosen for a D.C. Circuit seat only because of his involvement in some of the most ideologically charged issues of his time. As an associate counsel in the office of Independent Counsel Kenneth Starr, Kavanaugh, among other responsibilities: (1) pursued unfounded allegations that Clinton White House deputy counsel Vince Foster was murdered rather than committing suicide, (2) worked on the Monica Lewinsky investigation, and (3) drafted the grounds for impeachment section of the Starr Report Congress. Kavanaugh’s views of executive privilege reveal his excessive partisanship. In the Independent Counsel’s office, Kavanaugh was responsible for challenging the Clinton Administration’s claims of privilege, testing the boundaries of executive and other privileges in order to gain more information for the Starr investigation.
    [Show full text]
  • 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.
    [Show full text]
  • From Partisan Entrenchment to the National Surveillance State
    THE REHNQUIST COURT AND BEYOND: REVOLUTION, COUNTER-REVOLUTION, OR MERE CHASTENING OF CONSTITUTIONAL ASPIRATIONS? THE PROCESSES OF CONSTITUTIONAL CHANGE: FROM PARTISAN ENTRENCHMENT TO THE NATIONAL SURVEILLANCE STATE Jack M. Balkin & Sanford Levinson* I. INTRODUCTION: PARTISAN ENTRENCHMENT Five years ago, we offered a theory of how constitutional change and constitutional revolutions occurred, which we called the theory of "partisan entrenchment."' Much has happened in the subsequent half-decade, and we are grateful for this opportunity to offer an update of our thoughts, together with some amendments to our initial formulation. By far the most important amendment is to draw out in more detail how the development of constitutional doctrine by courts occurs within the broader framework of changes in constitutional regimes, which include changes in institutions, legislation, and administrative regulation. The forces of democratic politics drive these regime changes, and the major actors are not courts but the political branches. Although courts may initially resist these changes, in the long run, they cooperate with them, shape their contours, and legitimate them through the development of constitutional doctrine. In the second half of this essay, we describe an emerging regime of institutions and practices that we call the "National Surveillance State," which, we think, represents the major constitutional development of our era. The National Surveillance State responds to the particular needs of warfare, foreign policy, and domestic law enforcement in the twenty-first century. That such a state is emerging has become clear in the wake of 9/11 and debates about the War on Terror. However, it is not limited to the * Knight Professor of Constitutional Law and the First Amendment, Yale Law School.
    [Show full text]
  • WBA Supports Solicitor General Elena Kagan, WBA's 2009 Woman Lawyer of the Year, for the Position
    2010-2011 Officers VIA EMAIL AND POSTAL MAIL Holly E. Loiseau Weil, Gotshal & Manges LLP President June 2, 2010 Monica Parham The Honorable Patrick Leahy Crowell & Moring LLP President-Elect United States Senate Committee on the Judiciary Yolanda Hawkins-Bautista Howrey LLP 224 Dirksen Senate Office Building Treasurer Washington, DC 20510 Sonia Murphy Howrey LLP RE: Support for Elena Kagan as Associate Justice of the Supreme Court Treasurer-Elect of the United States Bronwen Blass WilmerHale Dear Senator Leahy: Secretary 2009-2010 Board of Directors On behalf of the Women’s Bar Association of the District of Columbia (“WBA”), I am writing to support the nomination of Elena Kagan, the 45th Solicitor General Jessica Adler of the United States, as Associate Justice of the Supreme Court of the United The Law Office of Jessica E. Adler States. In her years of government service as Solicitor General, Deputy Director of Ferdose al-Taie the Domestic Policy Council, Deputy Assistant to the President for Domestic U.S. Department of Justice, Policy and Associate Counsel to the President, and throughout her career as a Antitrust Division professor and Dean of Harvard Law School, Solicitor Kagan has distinguished Brigida Benitez herself as a brilliant constitutional scholar and writer and as a gifted advocate. Her Inter-American Development Bank outstanding credentials and experience and her deep respect for the rule of law Jill Dash and the role of the judiciary establish her as an exemplary nominee to serve on the American Constitution Society for Supreme Court. Law & Policy Heather Hodges Notably, Solicitor Kagan’s intellect and legal acumen have been recognized by Crowell & Moring LLP those across the political spectrum.
    [Show full text]
  • Judicial Nominations
    SENATESTATEMENTTRACKER (Senators marked with an *asterisk are up for reelection this year) SenateJudiciaryCommittee: Republicans: Chuck Grassley (IA) - (Re:Documents)“Whatwouldbefairformestartingoutaschairmanofthecommittee would be what documents have we required of other people being appointed for the SupremeCourt. WewillstartatthatpointandbeyondthatpointIcan’tmakeany predictionsor make anyjudgment or make anydecision you might want me to make, becauseIdon’tknowwhattheglobalevidenceisouttherethatpeoplemightwant.ButI doknowthis:alotofDemocratshavesaidthey ’regonnavote no forsure.”( Tweet) Orrin G. Hatch (UT) - Hatch has continued to defendanaugh Kav twitteron (example tweetshereand here ). Lindsey Graham (SC) - Graham spoke glowinglyto reporters after meeting with Judgeanaugh. KavVideo ( ) John Cornyn (TX) - “I’veknownJudgeKavanaughalongtime, andI’vefollowedhiscareercloselyHeis. the type of judge that we need on the Supreme Court. Ilook forward to supporting his nomination.”(Tweet) Michael S. Lee (UT) - Senator Lee spoke about the judicial selection process on aLink Deseret) podcast. ( *Ted Cruz (TX) - Nothing new. Ben Sasse (NE) - Nothing new. Jeff Flake (AZ) - Nothing new. Thom Tillis (NC) - Nothing new. John Kennedy(LA) - Nothing new. Democrats: *DianneFeinstein (CA) - “TexasvUnited . States could make itsto way the Supreme Court in an upcoming term, givingPres.Trump’snomineeacriticalroleindeterminingwhetherAmericanswithpre - existing conditions will continuee to havaccessto affordable, qualitycare health or will be punished.”(Tweet) Patrick Leahy (VT) - Nothing new. Dick Durbin (IL) - Nothing new. *Sheldon Whitehouse (RI) DocumentID: 0.7.420.86957-000001 - Nothing new. *Amy Klobuchar (MN) - Nothing new. Christopher A. Coons (DE) - [July 11] “I am leaning against Judge Kavanaugh given what I know so far about his decisional record, but I’ve known Brett nearlythirty ears,y I met him in law school, and I’ve followed his career. He is very smart, he is verycapable, he v is conservery e.
    [Show full text]
  • 1 of 14 Florence Wagman Roisman Michael D. Mccormick Professor Of
    THE JUDGE-MAKING POWER: THE STRUGGLE FOR “INTEGRITY AND MODERATION” Florence Wagman Roisman Michael D. McCormick Professor of Law Indiana University School of Law - Indianapolis Keynote Speech Delivered at the Third Annual Norman Amaker Mid-West Public Interest Law Retreat, Bradford Woods, IN March 26, 2004 It is a great honor and pleasure for me to speak to you. I've spent the past 40 years in public interest advocacy and teaching, and am inspired and inspirited by the great compassion, courage, creativity, commitment, and competence that you law students bring to make a bright future for public interest law in the future. My topic is one of vital importance to all of us as lawyers; as citizens, voters, and other political actors; and as human beings. It is of vital importance also to our families, our neighbors, our co-workers, our present and future clients -- to everyone, not only in this country but throughout the world. The topic is the federal judiciary -- and, in particular, the current crisis in appointments to the federal bench. I hope that what we will discuss this evening will increase your knowledge and understanding of this crisis, and will encourage you to learn more; to discuss what you've learned with your families, your neighbors, and your co-workers (and fellow students); and to take action -- and encourage others to take action -- by writing and calling your Senators, by writing letters-to-the-editor and "op ed" articles, and by speaking out at public forums. You should be among the best-informed and most concerned people regarding this issue, and you have both opportunity and obligation to share what you know with others.
    [Show full text]
  • 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, TUESDAY, FEBRUARY 25, 2003 No. 30 House of Representatives The House met at 2 p.m. and was Pursuant to clause 1, rule I, the Jour- OFFICE OF THE CLERK, called to order by the Speaker pro tem- nal stands approved. HOUSE OF REPRESENTATIVES, pore (Mrs. CAPITO). Washington, DC, February 14, 2003. f Hon. J. DENNIS HASTERT, f The Speaker, House of Representatives, PLEDGE OF ALLEGIANCE DESIGNATION OF THE SPEAKER Washington, DC. The SPEAKER pro tempore. Will the DEAR MR. SPEAKER: Pursuant to the per- PRO TEMPORE gentleman from South Carolina (Mr. mission granted in Clause 2(h) of Rule II of The SPEAKER pro tempore laid be- WILSON) come forward and lead the the Rules of the U.S. House of Representa- fore the House the following commu- House in the Pledge of Allegiance. tives, the Clerk received the following mes- nication from the Speaker: sage from the Secretary of the Senate on Mr. WILSON of South Carolina led February 14, 2003, at 10:38 a.m. WASHINGTON, DC, the Pledge of Allegiance as follows: That the Senate passed S. Con. Res. 4. February 25, 2003. I pledge allegiance to the Flag of the That the Senate passed without amend- I hereby appoint the Honorable SHELLY United States of America, and to the Repub- ment H.R. 395. MOORE CAPITO to act as Speaker pro tempore lic for which it stands, one nation under God, That the Senate passed without amend- on this day.
    [Show full text]
  • 66 E N G a G E Volume 4, Issue 1 the Role of the Senate in Judicial
    THE ROLE OF THE SENATE IN JUDICIAL CONFIRMATIONS BY STEPHEN B. PRESSER* JUDICIAL APPOINTMENTS: A CONSTITUTIONAL ANALYSIS BY MICHAEL B. RAPPAPORT* The Role of the Senate in Judicial Confirmations be changed only by the vote of two-thirds of the senators present, so by Stephen B. Presser that, as long as Estrada’s opponents number more than 40, they can For the last few weeks, a constitutional crisis has been prevent a vote on his nomination. As this is written, the Estrada oppo- brewing in the United States Senate. It is a constitutional crisis all nents have just begun employing the same tactic to prevent a vote on but ignored by the public, but the resolution of this crisis is likely to the nomination of Priscilla Owen, a Texas Supreme Court Justice with determine the nature of federal jurisprudence for the next few de- credentials as impressive as those of Estrada, and who also received cades. At one level, the struggle in the Senate is a struggle over one the ABA’s “well-qualified” ranking. Other Bush nominees are likely or two notable nominees to the lower federal courts, most particu- to be treated in an identical matter. larly Miguel Estrada and Priscilla Owen, but, at a deeper level, By invoking Senate Rule XXII, used now for the first the struggle is over what many of the Senate Democrats have time in connection with a nominee to the lower federal courts called “judicial ideology,” by which they mean a disposition to (there is one instance of the practice having been used against decide particular cases in a particular manner.
    [Show full text]