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, NOVEMBER 12, 2003 No. 164—Book II Senate EXECUTIVE SESSION place for the first time since 1789. Last highest grade—the highest grade—on year, we started having a 60-vote the bar exam when she took it. She Mrs. HUTCHISON. Mr. President, standard for Federal judges. graduated at the top of her class from Senator HATCH will be on the floor So Priscilla Owen, although she has shortly. Before he gets here, I want to Baylor Law School. She has had an ex- repeatedly and every time, gotten over emplary record both as a supreme talk about one of the nominees who we the required 51 percent, is not sitting will be voting on, once again, with clo- court justice for the State of Texas and on the Federal bench today. No. In- as a practicing lawyer. She is experi- ture votes on Friday. That is Justice stead, this very qualified supreme Priscilla Owen. Justice Priscilla Owen enced. She is qualified. She was ren- court justice of the State of Texas is dered qualified by the ABA system, the has had a vote in the Senate. She has doing her job, doing it very well, serv- had four or five votes in the Senate. committee, and she has been endorsed ing as a supreme court justice in the by Democrats and Republicans If we were adhering to the Constitu- State of Texas, even though she has throughout Texas. She has been en- tion of the United States, she would be gotten the requisite number of votes on dorsed by Democratic supreme court sitting on the Fifth Circuit today. repeated occasions to be confirmed as a justices with whom she served on the There are three vacancies on the Fifth Federal judge by the standards of this Supreme Court of Texas. Circuit. They need to fill their bench. Congress from 1789 until 2002, until the She should be sitting there because she rules were changed because we are now The former chief justice of the su- has gotten more than 51 votes. But filibustering Federal judge nominees. preme court, a Democrat, named John Priscilla Owen is not sitting on the Priscilla Owen was endorsed by every R. Hill, who also was a Democrat attor- Federal bench today because we have a newspaper in Texas when she ran for ney general in the State of Texas—a new standard that has been put in reelection. Priscilla Owen made the very fine one, a very respected lawyer NOTICE If the 108th Congress, 1st Session, adjourns sine die on or before November 21, 2003, a final issue of the Congres- sional Record for the 108th Congress, 1st Session, will be published on Monday, December 15, 2003, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–410A of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 12, 2003. The final issue will be dated Monday, December 15, 2003, and will be delivered on Tuesday, December 16, 2003. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after re- ceipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60 of the Capitol. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman. ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S14547 . VerDate jul 14 2003 03:48 Nov 14, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\G12NO6.155 S12PT2 S14548 CONGRESSIONAL RECORD — SENATE November 12, 2003 in Texas; supreme court chief justice bring these great nominees to the ing’’ for women. They ought to be giv- and attorney general of our State—said floor. ing her a medal instead of treating her Priscilla Owen is unqualifiedly the best But we are standing here tonight be- in this despicable fashion, and they are we could have for this court. She is a cause this is a constitutional issue, and only doing it because these inside-the- person who ought to be on the Federal it is important. It is important that beltway groups control, in many re- court. these good people, who have submitted spects, what they do. It all comes down In fact, he came up here and tried to themselves for this process to be con- to abortion. meet with Democratic Senators to talk firmed as Federal circuit judges, be Now, there are sincere people on both about how qualified she is. That Pris- able to, with dignity, have a vote up or sides of that issue. That is why I did cilla Owen is not sitting on the Fifth down with the same standard that we not allow the issue of abortion to stop Circuit today is a tragedy, and it is not have had since 1789; and that is a 51- otherwise qualified candidates from right. vote margin. getting a vote up or down on the floor, She is not the only one who has been Thank you, Mr. President. I yield the even though I am personally pro-life asked to meet this higher standard. floor. and cannot imagine why anybody Look at Miguel Estrada, who came to The PRESIDING OFFICER (Mr. would want to go for a regime of abor- our country as a boy and did not even SUNUNU). The Senator from Utah. tion on demand. There were 1.6 million speak English, who studied so hard Mr. HATCH. Mr. President, I have abortions a year at one time. Forty that he was able to go to Columbia and been listening to this debate and the million abortions in this country—the become a Phi Beta Kappa, and then to populist arguments being made by barbaric practice of partial-birth abor- Harvard Law School, where he grad- Democrats who seem to think that tion, which many of my colleagues uated, again in the top of his class. having Federal judgeship nominees voted for, even some on this side. Miguel Estrada, the American dream; treated fairly, as they always have Let me go down a few further here: Miguel Estrada, who sat here since been in the past, once they have been Needed legal reforms, I mentioned, to May of 2001, who got the requisite num- brought to the floor, seems to be not stop lawsuit abuse against doctors, ber of votes to be confirmed for the DC right because they think we ought to businesses, and industries have been Circuit—well over 51—time and time do something about jobs. virtually banned by the tactics of the and time again, but he is not sitting on Well, why haven’t they? This reces- minority. the DC Circuit. He finally said: I can’t sion began in the last year of the Clin- Jobs have been lost right and left be- take this anymore. I have to get on ton administration. I went through cause of their refusal to allow decent with my life. In September, he said: just some of the things that show they laws to be passed. Medical liability, Take my name off the list. have had a pattern of obstruction from class action reform, gun liability, and Why? Why have we set a higher bar day 1 around here since we have taken asbestos lawsuit reforms have all been for Priscilla Owen and Miguel over control of the Senate. subject to delays or filibusters by our Estrada—these two perfectly qualified The pattern of obstruction was set on colleagues on the other side. people, with great academic standing, the first day of the 108th Congress As I said, we spent 22 days on an En- with great records, with experience, ev- when the motion to adjourn was forced ergy bill last year, and then we had to spend 18 days on an Energy bill this erything you would want on the Fed- to a rollcall vote, something that is year, when we basically enacted the eral bench? usually never done. The long overdue What are we going to do to the people 2003 appropriations bills were finally same bill we did last year. Bioshield legislation is very impor- who would ask for Federal benches in enacted after we became the majority tant for those of us who work heavily the future? I am very concerned that in 2003, on February 20.