8992 CONGRESSIONAL RECORD—SENATE May 10, 2005 I guess that is not happening in the U.N. agencies and humanitarian orga- supplemental was where we could do Sudan. At the same time we are chal- nizations are doing everything they much of this. Some of that we stepped lenging autocrats around the world, it can, a heroic job of getting assistance back from. seems we are seeking accommodation to these camps. But I have to tell you, Our values as a nation and our na- with what I consider a barbarous gov- there is a serious shortfall between a tional security require us to speak up ernment in Sudan. quality of life that is just sustainable and confront these problems. At the same time we are saying we and reality. The terrain in eastern The ACTING PRESIDENT pro tem- are standing with those who stand for Chad is dry, infertile and, frankly, the pore. All time in morning business has freedom, we are turning our backs on environment is bleak. It barely sup- now expired. the human rights of the people of ports the Chadians who live in the Mr. CORZINE. I thank the Presiding Darfur. It is not enough to say that be- area. There is not enough water and Officer. I hope my colleagues will con- cause the Sudanese Government shows certainly limited amounts of food. It sider this legislation when we bring it some signs of cooperation on some needs to change. back to the floor. It needs to be fought fronts, this justifies our turning our That is why we need to speak out and for. backs on that Government’s criminal we have to be forceful. That is why one I thank the Chair. I yield the floor. attacks on their own people. It sounds of the provisions in the Darfur Ac- f almost like a speech I heard over the countability Act I think is most impor- weekend. How can we ignore our own tant, and that is the appointment of a CONCLUSION OF MORNING values when it comes to Africa? Is not special envoy. BUSINESS every human life of equal worth? Mr. President, stopping genocide is a The ACTING PRESIDENT pro tem- One of this generation’s great moral moral challenge that requires courage pore. Morning business is closed. voices, Elie Wiesel, understood that and resources. But it also requires at- f our values are universal. Speaking on tention every day—real diplomatic en- Darfur last year, he asked: gagement to make sure we are moving EMERGENCY SUPPLEMENTAL AP- How can a citizen of a free country not pay the ball forward in this process. In PROPRIATIONS ACT FOR DE- attention? How can anyone, anywhere, not Chad, I met with President Deby and FENSE, THE GLOBAL WAR ON feel outraged? How can a person, whether re- also with members of the joint com- TERROR, AND TSUNAMI RELIEF ligious or secular, not be moved by compas- mission—Chadians engaged in diplo- ACT, 2005—CONFERENCE REPORT sion? And above all, how can anyone who re- matic negotiations between the Gov- members remain silent? The ACTING PRESIDENT pro tem- ernment of Sudan and the Darfur pore. Under the previous order, the Mr. President, I just returned from rebels. We met with the rebels them- Senate will proceed to the consider- the region. Unfortunately, the Govern- selves. People want peace. We met with ation of the conference report to ac- ment of Sudan denied me the visa that people in the African Union in Addis company H.R. 1268, which the clerk I needed to visit the camps inside Ababa, Ethiopia. will report. Sudan. Instead, I went to Chad, where Bringing these players together—not The assistant legislative clerk read there are about 200,000 displaced refu- to mention the parties in the north- as follows: gees from Darfur. south agreement in Sudan, the EU, What do the Sudanese have to hide? NATO, and U.N. Security Council The committee of conference on the dis- Why would they prevent a U.S. Senator agreeing votes of the two Houses on the members—is a full time job. It needs amendments of the Senate to the bill (H.R. from visiting. In the camp I visited in the attention of an individual to make 1268), making emergency supplemental ap- Chad, I received reports of continued sure that those negotiations don’t go propriations for the fiscal year ending Sep- attacks on civilians, as well as a grow- adrift. We need that attention now. It tember 30, 2005, to establish and rapidly im- ing fear of an imminent humanitarian is critical. The Darfur Accountability plement regulations for State driver’s li- crisis afflicting the 2 million displaced Act asked for this, encouraged this, cense and identification document security Darfurians. But it is when monitors are and it is not happening. It is not suffi- standards, to prevent terrorists from abusing denied access, when there are no re- cient enough to have a one-time trip by the asylum laws of the United States, to ports, that the atrocities are always unify terrorism-related grounds for inadmis- the Deputy Secretary of State to sibility and removal, to ensure expeditious the most grave and can continue. Sudan to think that we are paying construction of the San Diego border fence, We need transparency. This is not enough attention or putting on enough and for other purposes, having met, after full about one Senator. The Sudanese have pressure. In fact, we don’t have an am- and free conference, have agreed to rec- obstructed access by African Union bassador in the Sudan. We don’t have ommend and do recommend to their respec- monitors. Human rights advocates and an official representative to the Afri- tive Houses this report, signed by a majority journalists have been denied entry. Hu- can Union. We need to be paying atten- of conferees on the part of both Houses. manitarian organizations have been tion. That is why Senator BROWNBACK The ACTING PRESIDENT pro tem- harassed and, when they actually get and myself offered the amendment to pore. The Senate will proceed to the there, some have actually been killed. the supplemental. That is why we have consideration of the conference report. We need to shine a light on this prob- asked for additional funding, some of (The conference report is printed in lem. I visited some of the victims last which was included in the supple- the House proceedings of the RECORD of week in eastern Chad. Here is a picture mental, and I am grateful for the fact May 3, 2005.) of some of the folks in one of the that Senators DEWINE and BROWNBACK, The PRESIDING OFFICER (Mr. camps. Hundreds of these men and DURBIN, LEAHY, and OBAMA were able SUNUNU). The Senator from Mississippi women desperately want to go home. to provide $50 million more for the Af- is recognized. They were in Chad because of the bru- rican Union. But some of the humani- Mr. COCHRAN. Mr. President, the tal violence in their own country, tarian assistance was pulled back for Senate now has under consideration brought on by the Sudanese Govern- reasons allocated to other difficult the conference report to accompany ment. They were chased from their vil- places that also demand need. H.R. 1268, the fiscal year 2005 emer- lages. None of them felt safe to return. It is essential if we are going to stop gency supplemental appropriations None of them would return. this killing, stop the genocide, that we bill. This bill was requested by the This sentiment matches what we react now, that we pay attention, that President to carry forward the spend- hear in Darfur, where we were last fall. we do the things that will allow the Af- ing and accounts of the Department of Hundreds of thousands of civilians were rican Union’s deployment to be suc- Defense, the Department of State, and in these IDP camps, approaching 2 mil- cessful—only 2,200 people in an area the other agencies and departments of the lion. Meanwhile, the Darfur refugees in size of France. We need to have a min- Government through the remainder of Chad are barely getting by. I can tell imum of 6,000, maybe as many as 10,000. this fiscal year which will end on Sep- you that the conditions are difficult. That mission needs to be financed. The tember 30.

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The bill was passed in the Senate on member and 11⁄2 hours of debate under Presidents. In all, I voted to confirm April 21, and we began conference dis- the control of the chairman; provided 573 judges and have voted no on the cussions with our colleagues from the further that following the use or yield- Senate floor on 5 and voted against clo- other body on April 27. A bipartisan ing back of time, the Senate proceed to ture on 11. majority of the conferees reconciled a vote on adoption of the conference re- I evaluate each candidate on a case- differences between the two bills and port, with no intervening action or de- by-case basis and thoroughly examine reached agreement on the provisions of bate. their writings, opinions, statements, a conference report on Tuesday, May 3. The PRESIDING OFFICER. Is there temperament, and character. The fact The House approved the conference objection? that Federal judges are lifetime ap- report on May 5 by a rollcall vote of 368 Mrs. FEINSTEIN. Reserving the pointments weighs heavily. They do to 58. The conference agreement pro- right to object. not come and go with an administra- vides a total of $82.041 billion, slightly The PRESIDING OFFICER. The Sen- tion, as do Cabinet appointments. less than the President’s request of ator from California. Rather, they cannot be removed from $82.042 billion. Almost $76 billion in Mrs. FEINSTEIN. Mr. President, the the bench except in extremely rare cir- emergency supplemental appropria- distinguished chairman of the Appro- cumstances. In fact, in our Govern- tions is provided to the Department of priations Committee had indicated ment’s over 200-year history, only 11 Defense to cover the costs of con- that I would be able to speak as in Federal judges have been impeached, tinuing the operations in Iraq and Af- morning business, that he would not and of those, only 2 since 1936. ghanistan. object. My concern is, with the time, if Over the years, we have had heated Title II of the conference agreement I will, in fact, have the time to com- debates and strong disagreements over provides $4.128 billion for international plete my remarks. judicial nominees; however, that de- programs and assistance for recon- Mr. COCHRAN. Mr. President, I have bate is what ensures the Senate con- struction and the war on terror. Title no objection to the Senator speaking firms the best qualified candidates. III provides $1.184 billion for domestic as in morning business. I am deeply troubled when our legiti- programs in the war on terror. And Mrs. FEINSTEIN. For such time as I mate differences over an individual’s title IV provides $907 million in relief may consume. qualifications to be given a lifetime ap- for the Indian Ocean tsunami disaster. Mr. COCHRAN. I do not want her to pointment to the Federal bench be- Finally, division B of the conference talk forever. come reduced to inflammatory rhet- agreement carries the House-passed Mrs. FEINSTEIN. No, it will not be oric. I am even more concerned when REAL ID Act and other provisions re- forever. rhetoric turns into open discussion lating to immigration issues. Mr. COCHRAN. How long does the about breaking Senate rules and turn- This conference agreement embodies Senator expect to talk? ing the Senate into a body where might a genuine compromise between the two Mrs. FEINSTEIN. Probably a half makes right. bodies on legislation that is of utmost hour. I am here today because some Mem- importance to our troops who are de- Mr. COCHRAN. I have no objection, bers on the other side of the aisle have ployed in the war on terror and for our and I have no objection with that being decided that despite a constitution allies around the world. It is supported done in spite of the agreement we have that is renowned worldwide and used as by the administration, and I hope the reached on the time for debate of the a model for emergent democracies, de- bill, as reflected in the conference re- supplemental. spite a confirmation rate of 95 percent port, will receive bipartisan support in The PRESIDING OFFICER. Is there of President Bush’s judicial nominees, the Senate. objection to the request of the Senator and despite the other pressing prior- We are pleased to have the benefit of from Mississippi? Without objection, it ities that the American people want us comments by other members of the is so ordered. to address, that the time has come to committee or Senate to explain spe- The Senator from California. unravel our Government’s fundamental cific provisions of this conference Mrs. FEINSTEIN. Mr. President, I principle of checks and balances. The agreement. We are prepared to try to thank the chairman of the Appropria- majority has decided the time has respond to any questions that any Sen- tions Committee for his graciousness. I come to unravel the Senate’s tradi- ators may have about the provisions of am pleased to serve on that committee. tional role of debate and that the time the conference report, and we will be He has been nothing but fair always. has come to break the rules and dis- hopeful, however, that the Senate will That is very much appreciated. I would card Senate precedent. proceed with some dispatch to the ap- like to indicate my support for the sup- I am very concerned about this strat- proval of the conference report because plemental appropriations. I do have egy. It is important to remember that it is an urgent supplemental appropria- concerns about the inclusion of the once done, once broken, it will be hard tions conference report. The funds pro- REAL ID Act in this bill, largely be- to limit and hard to reverse. In fact, vided in this conference report are ur- cause it is the Judiciary Committee just last month, Senator COLEMAN stat- gently needed by our forces in the field that is the committee of jurisdiction, ed on CNN: and by our State Department for ac- and this very complicated act has not The President has a right to make appoint- counts that have been depleted in con- had the opportunity of a hearing or dis- ments. They are not to be filibustered. They nection with programs administered by cussions or markup by members of that deserve an up-or-down vote. That’s true for that Department. committee. That having been said, it is any kind of appointee, whether it’s Under The administration is urging that we my intent to vote for the emergency Secretary of State or a judge. act quickly, and I hope we will not un- supplemental. And this is exactly my point. First, necessarily prolong consideration of I wish to speak during the remainder the rules would be broken with regard the conference agreement in the Sen- of my time on the so-called nuclear op- to judicial nominees, then it is execu- ate but respond enthusiastically with tion and the majority leader’s inten- tive branch nominees, then it is legis- the challenge from the administration tion to remove the ability of the mi- lation, and then the Senate has no to act with dispatch on this conference nority party to filibuster judicial rules at all and simply becomes a rep- report. nominations. lication of the House of Representa- Mr. President, before I yield the JUDICIAL NOMINATIONS tives. floor, if I may have one more moment Mr. President, I speak today as a Every Thursday morning, I have a of indulgence from the Senator from member of the Judiciary Committee constituent breakfast, and at that California, on behalf of the majority for the past 12 years. In this capacity, breakfast I describe the difference be- leader, I ask unanimous consent that I have worked with Members from both tween the House and the Senate based there be 3 hours and 15 minutes of de- sides of the aisle and on nominations on something George Washington once bate under the control of the ranking from both Democratic and Republican said, that the House moves rapidly, is

VerDate Sep 11 2014 11:48 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR10MY05.DAT BR10MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 8994 CONGRESSIONAL RECORD—SENATE May 10, 2005 controlled totally by the party in would be given exclusively to the Sen- Soon after his nomination, Rutledge power, and is akin to a cup of coffee. ate rather than to the legislature as a assailed the newly negotiated and pop- You drink your coffee out of the cup, whole. This motion was adopted with- ular Jay Treaty with Britain. Even as but if it is too hot, you pour it into the out any objection. So the Senate had Rutledge functioned as Acting Chief saucer to cool it. And that is the Sen- the entire authority. Justice, the Senate debated his nomi- ate, the greatest so-called deliberative Then less than 2 weeks before the nation for 5 months, and in December body on Earth, a place that fosters de- Convention’s work was done, for the 1795 the body rejected him 14 to 10, il- bate, often unlimited, and is basically first time the committee’s draft pro- lustrating from the first administra- based on the fact that no legislation is vided that the President should have a tion that the Senate has always en- better than bad legislation. So the Sen- role in the selection of judges. joyed a strong prerogative to confirm ate by design was created to be a very However, giving the President the or reject nominees. different house than is the House of power to nominate judges was not seen Now, use of procedural delays Representatives. as ousting the Senate from a central throughout history has prevented The strategy of a nuclear option will role. Governor Morris of Pennsylvania nominees from receiving an up-or-down turn the Senate into a body that could paraphrased the new provision as one vote. The claim that it is unprece- have its rules broken or changed at any giving the Senate the power to appoint dented to filibuster judicial nomina- time by a majority of Senators un- judges nominated to them by the Presi- tions is simply untrue. In 1881, Repub- happy with any position taken by the dent. In other words, it was considered licans held a majority of seats in the minority. As I said, this is not the Sen- the Senate was the nomination body Senate but were unable to end a fili- ate envisioned by our Founding Fa- and the President simply recommended buster to preclude a floor vote on thers, and it is not the Senate in which judges to the Senate. President Rutherford B. Hayes’s nomi- I have been proud to serve for the past The Convention, having repeatedly nation of Senator Stanley Matthews to 12 years. and decisively rejected the idea that the Supreme Court. Matthews was re- I think it is important to take a look the President should have the exclusive nominated by incoming President at history, as others have done, to un- power to select judges, could not pos- James Garfield, and after a bitter de- derstand the context of where this de- sibly have intended to reduce the Sen- bate in the Senate, was confirmed by a bate is rooted. The Founding Fathers ate to a rubber stamp, but rather it vote of 24 to 23. This has been described and our early Pilgrims were escaping a created a strong Senate role to protect as the first recorded instance in which tyrannical government where the aver- the independence of the judiciary. In the filibuster was clearly and unambig- age man, the common man, often did fact, Alexander Hamilton, considered uously deployed to defeat a judicial not have a voice and was often left the strongest defender of Presidential nomination. without any say in its laws that gov- power, emphasized that the President Then, as has been stated on the Sen- erned him and his family. In response, would be required to have his choice ate floor, there was the 1968 GOP-led these men specifically embedded lan- for the bench submitted to an inde- filibuster against President Lyndon B. guage in the Constitution to provide pendent body for debate, a decision, Johnson’s nomination of Abe Fortas to checks and balances so that inherent in and a vote, not simply an affirmation. be Chief Justice of the United States. our Government’s design would be con- He clarified the necessary involvement At the time, a page 1 Washington Post flict and compromise, and it is pre- of the Senate in Federalist No. 77 by story declared: ‘‘Fortas Debate Opens cisely these checks and balances that writing: With a Filibuster.’’ have served to guarantee our freedoms . . . if by influencing the President be meant The article read: for over 200 years. restraining him, this is precisely what must A full-dress Republican-led filibuster broke When you read the Federalist Papers, have been intended. out in the Senate yesterday against a mo- discussions at the Constitutional Con- Here is the emergence of a check, a tion to call up the nomination of Justice Abe vention, and about the experience of balance, a leveling impact on the Fortas for Chief Justice. America’s first President, it is clear power of appointment, which is not to So here are two specific examples of the Senate was never intended to be a be unbridled. Republican-led filibusters against judi- rubberstamp. While it is often difficult In 1776, John Adams also wrote on cial appointments. to discern the original intent of a con- the specific need for an independent ju- Last Congress, the Congressional Re- stitutional provision, the records of the diciary and checks and balances. He search Service reported that filibusters Convention address the role of the Sen- said: and cloture votes have been required to ate in the selection of Federal judges The dignity and stability of government in end debate on numerous judicial ap- with unusual clarity. all its branches, the morals of the people and pointments. CRS reported that since Both the text of the appointments every blessing of society, depends so much 1980, cloture motions have been filed on clause of the Constitution and the de- upon an upright and skillful administration 14 court of appeals and district court bates over its adoption strongly sug- of justice, that the judicial power ought to nominations. We all know a cloture be distinct from both the legislative and ex- gest that the Senate was expected to ecutive, and independent upon both, that so vote is another kind of filibuster. It is play an active and independent role in it may be a check upon both, as both should the kind of filibuster where one does determining who should sit on the Na- be checked upon that . . . [The judges’] not have to stand up on the floor, but tion’s judiciary. minds should not be distracted with jarring it takes the same 60 votes to close off Throughout its deliberations, the interests; they should not be dependent upon debate. Moreover, cloture petitions Convention contemplated that the Na- any man or body of men. were necessary in 2000 to obtain votes tional Legislature in some form or an- So it is clear, when examining the on the nominations of both Richard other would play a substantial role in creation of our Constitution, that the Paez and Marsha Berzon to the Ninth the selection of Federal judges. As a Federal judiciary was specifically de- Circuit after Republican opponents re- matter of fact, on May 29, 1787, the signed to be an independent, non- peatedly delayed action on them, for Convention began its work on the Con- partisan third branch, and the Senate over 4 years in the case of Paez. stitution by taking up the Virginia was meant to play an active role in the In fact, at the time, Republican Sen- plan, which provided: selection process. ator Bob Smith openly declared he was That a National Judiciary be established In addition, the experience of Presi- leading a filibuster against Richard . . . to be chosen by the National Legisla- dent Washington in appointing judges Paez and he described Senator SES- ture. illustrates that from the outset the SIONS as a member of his filibuster coa- Under this plan, the President was to Senate took an active role in evalu- lition. have no role at all. One week later, ating judicial nominees. In 1795, Presi- In addition to using the filibuster James Madison modified the proposal dent George Washington nominated and other procedural delays, Repub- so that the power of appointing judges John Rutledge to be Chief Justice. licans have publicly pronounced the

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His nomination steadily ringing office phone saying ‘‘No In addition, if a party attempts to fili- languished for more than 1,000 days, al- more Clinton Federal judges.’’ buster a nomination, or legislation, most 3 years without any action being In 1996, Senator CRAIG said: and it is eventually passed that does taken. He was nominated by President There is a general feeling . . . that no more not mean it is not a filibuster. It sim- Clinton to be a judge on the U.S. Dis- nominations should move. I think you’ll see ply means that the filibuster or refusal trict Court for the Middle District of a progressive shutdown. to grant cloture cannot be sustained. North Carolina. He was finally con- In 1994, Senator HATCH stated that That has happened to both parties in a firmed by the Senate in 1994. the filibuster is ‘‘one of the few tools variety of situations. However, failure Before that, he spent 13 years as a that the minority has to protect itself does not undo the effort. judge in the North Carolina Superior and those the minority represents.’’ Finally, as to the other Clinton Ad- Court. He was blocked by Senator How soon they forget. Recent Repub- ministration nominees—the response Helms. On November 21, 1998, National lican practices using anonymous holds given is that their nominations weren’t Journal reported that Senator Helms allowing a single Senator, not 41, to defeated by a cloture vote on the floor. wanted President Clinton to name to prevent a hearing or a vote on a judi- In essence the argument is because dif- the Fourth Circuit one of the Senator’s cial nominee, in effect, has created a ferent procedural rules were used to de- proteges, Terrence W. Boyle, whose filibuster of one. All told, during the feat a nomination, it doesn’t count. On nomination to that bench was killed last administration, more than 60 judi- its face, this argument doesn’t hold when the Democrats ruled the Senate cial nominees suffered this fate. This water. To the nominee whether their and George Bush was President, but practice was recently commented on in confirmation failed because of a ‘‘hold’’ the Clinton White House refused and the Chicago Tribune which said: in Committee, or a failed cloture vote, Senator Helms made it clear that In addition, there are lots of congressional the result is the same—they are not President Clinton would not get Beaty practices that defy majority rule. Under sitting on the bench. confirmed until he nominated Boyle. President Clinton, when Republicans con- Dozens of Clinton’s nominees were Then Senator Helms supported Beaty trolled the Senate, they didn’t have to use ‘‘pocket filibustered’’ by as little as when he was nominated for his current the filibuster to bottle up judicial nomina- one Senator who, in secret, prevented position as a U.S. district court judge. tions. The Judiciary Committee simply re- the nominees from receiving a hearing But this shows how things worked, fused to send them to the floor for a vote. in Committee, or a mark-up, or a floor where one person could deny a nomina- That is true. I know. I was there. Re- vote. One Senator without debate or tion. membering this history is important, reason has stopped many Clinton nomi- Then there is Helene White from the not to point fingers or justify a tit-for- nees. State of Michigan. She was nominated tat policy; instead, it is important to The question I have is whether the to the U.S. Court of Appeals for the recall that Senate rules have been used public interest is better served by one Sixth Circuit on January 7, 1997, and throughout our history by both parties hidden filibuster without explanation, renominated on January 26, 1999, and to implement a strong Senate role and or 41 Senators debating publicly and renominated for a third time on Janu- ensure that Presidents do not attempt refusing publicly to confirm the nomi- ary 3, 2001. She did not receive a hear- to weaken the independence of the ju- nee. Clearly, it is the later. ing or a committee vote during the diciary. I would like to go over a few nomi- pendency of her nomination. She had The history is not new, and these ex- nees from the last administration who waited for a Senate Judiciary Com- amples have been cited by my col- have been filibustered by Republicans, mittee hearing for 4 years, longer than leagues in other contexts, and there- and filibustered successfully on many any other judicial nominee in history, fore, those on the other side have re- occasions by as little a number as one according to the Associated Press. She sponded to the history. I believe it is Republican; filibustered in a way that had been a judge on the Michigan important to address the differences it was secret; filibustered in a way that Court of Appeals. She served as a that the other side is trying to draw. the individual never received a hearing Wayne County circuit judge for nearly Some have argued that the nomina- or a markup in Judiciary or a vote on 10 years. She sat on the Common Pleas tion by President Hayes of Senator the Senate floor. Then I would like an Court for the city of Detroit and served Matthews of Ohio was not a filibuster answer to the question, which is better, on the board of directors of the Michi- because there was no cloture vote. This a filibuster by 40 Members on the floor gan legal services. President Clinton is true, however, a procedural delay de- openly declared, publicly debating, dis- thanked her for hanging in there nying a nominee confirmation to a cussing an individual’s past speeches, through an ordeal that no one should court still has the result blocking a an individual’s temperament, char- have to endure. It is my understanding nomination. Trying to make a distinc- acter, opinions, or a filibuster in secret Senator LEVIN, one of the Michigan tion about the procedures used to deny when one does not know who or why? Senators, supported her. Senator Abra- a nominee confirmation is a distinc- I begin with Clarence Sundram. Clar- ham waited 2 years before turning in tion without a difference. ence Sundram was the chairman of the his blue slip, and after turning in the As for the nomination of Abe New York Commission for the Men- blue slip did not endorse Ms. White. Fortas—colleagues on the other side of tally Disabled. He was nominated on That, again, is how things worked. One the aisle have made various arguments September 29, 1995. He had hearings on person—not 41 people on the floor de- including: that’s only one isolated ex- July 31, 1996, and June 25, 1997. There bating but 1 person—in secret holding ample; it was a Supreme Court, not a was no committee vote. There was no up a nominee. That is just as much a Circuit Court nominee; or Fortas’ nom- floor vote. His nomination was simply filibuster, and even more effective a fil- ination was withdrawn after a failed killed in committee by a filibuster of ibuster. cloture vote showed he did not have one or two, or the chairman’s decision Jorge Rangel was nominated to the majority support and therefore its not not to bring the nomination to the U.S. Court of Appeals for the Fifth Cir- the same situation. floor. He was supported by both home cuit on July 24, 1997. He did not receive Miguel Estrada and Carolyn Kuhl State Senators Moynihan and a hearing or a vote in committee. He both withdrew their nominations after D’Amato. On seven occasions, Senator was a partner in Rangel & Chriss, a failed cloture votes, however both were LEAHY spoke on the Senate floor urg- Corpus Christi law firm, and special- used as examples of filibusters by ing that a vote be taken on Sundram, ized in personal injury, libel, and gen- Democrats. but no vote was ever taken. eral media litigation. He was presiding

VerDate Sep 11 2014 11:48 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR10MY05.DAT BR10MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 8996 CONGRESSIONAL RECORD—SENATE May 10, 2005 judge of the 347th District Court in H. Alston Johnson was nominated to See, this was another thing that was Nueces County from October of 1983 to the U.S. Court of Appeals for the Fifth happening during that time. Let me June of 1985, and a former assistant Circuit on April 22, 1999, and renomi- just say it like it was. Vacancies on the professor of law at the University of nated on January 4, 2001. Despite wait- DC Circuit—a critical and important Houston. He was originally rec- ing over a year and a half, he did not circuit because it reviews all of the ad- ommended to the White House by Sen- receive a hearing or a vote in com- ministrative appeals—were purposely ator Bob Krueger, but removed his mittee. His nomination was withdrawn kept open, preventing President Clin- name from consideration because, ac- by President Bush on March 19, 2001. He ton from filling that circuit, to have cording to a July 25, 1997 Dallas Morn- was supported by both home State Sen- more openings for the next President. ing News article, he was then a mem- ators, Senators Breaux and LANDRIEU. Here three Senators kept this very ber of the American Bar Association According to articles in the Baton qualified and very distinguished nomi- Panel that reviews federal court nomi- Rouge Advocate on July 10, 2000, and nee from receiving a vote or a hearing nees, which made him ineligible. He January 8, 2001, it is my understanding on the committee. Again, a secret, hid- was subsequently nominated after he an individual Senator blocked his nom- den filibuster. was no longer on the ABA panel, at ination from proceeding, even though And, nevertheless, Senate Repub- which time, Texas Monthly has re- both Republicans and Democrats ap- licans supported the nomination by ported, he was blocked by his two home peared willing to confirm him. President Bush of Miguel Estrada to state Senators. So, two persons there. James E. Duffy, Jr. was nominated to the same circuit court in 2002. Barry Goode was nominated to the the U.S. Court of Appeals for the Ninth James Wynn was nominated to the U.S. Court of Appeals for the Ninth Circuit on June 17, 1999, and renomi- U.S. Court of Appeals for the Fourth Circuit in 1998, renominated January nated on January 3, 2001. He did not re- Circuit on August 5, 1999, and renomi- 26, 1999, and renominated a third time ceive a hearing or vote in committee. nated on January 3, 2001. As you can on January 3, 2001, just before Presi- He is from Honolulu, had been a liti- see, President Clinton made one last dent Clinton left office—three tries. He gator for his entire legal career, been a try before he left office. He did not re- partner in the Honolulu law firm of Fu- waited for 21⁄2 years without a hearing ceive a hearing or a vote in committee. jiyama, Duffy, and Fujiyama since or a vote in committee. He was a part- President Bush withdrew Judge Wynn’s 1975. He was former president of both ner at the time at the San Francisco nomination on March 19, 2001. He was a the Hawaii State Bar and the Hawaii law firm of McCutchen, Doyle, Brown judge on the North Carolina Court of Trial Lawyers Association. He would Appeals and had previously served on & Enersen. He had practiced law since have been the first active Hawaii mem- the North Carolina Supreme Court. 1974. He was an adjunct professor of en- ber of the Ninth Circuit Court of Ap- When nominated, he was a Navy re- vironmental law at the University of peals in 15 years, despite rules that at servist in the JAG corps of the U.S. San Francisco and served 2 years as least 1 judge must sit in each of the Navy with the rank of captain. He special assistant to Senator Adlai E. States within the Ninth Circuit. He served as the ABA’s first African- Stevenson III. The ABA rated him as was unanimously rated as well quali- qualified. He was supported by both fied. He was supported by both Hawaii American chair of the Appellate Judges myself and Senator BOXER. The reason Senators. There has been no expla- Conference whose membership includes for the block was an anonymous Re- nation forthcoming of who blocked his over 600 Federal and State appellate publican who, to this day, is not progress. Again, a secret hold, one per- judges. He was on the board of gov- known. Senator LEAHY spoke at least son. Two home State Senators sup- ernors of the American Judicature So- eight times on the Senate floor, urging porting this individual and the indi- ciety and was a vice president of the that Goode’s nomination be considered, vidual does not go forward. That is as North Carolina Bar Association. He but a filibuster of one, hidden, in se- much a filibuster as anything going on was an executive board member of the cret, nobody knowing who it was, es- on the floor at this time. Uniform State Laws Commission and a sentially killed this nomination. Elena Kagan was nominated to the drafter of the Revised Uniform Arbitra- Legrome Davis was nominated to the U.S. District Court of Appeals for the tion Act, Uniform Tort Apportionment U.S. District Court for the Eastern Dis- District of Columbia on June 17, 1999. Act, and proposed Genetic Discrimina- trict of Pennsylvania on July 30, 1998, She did not receive a vote or a hearing tion Act. He was rated qualified by the and renominated on January 26, 1999. in committee. She is currently the ABA screening committee. Senator He did not receive a hearing or a vote dean of Harvard Law School. She was a Edwards supported him. The Associ- from the Judiciary Committee during visiting professor at Harvard Law ated Press, on December 29, 2000, re- the nearly 21⁄2 years his nomination School, former domestic adviser to ported that Senator Helms blocked was pending. President Bush renomi- President Bill Clinton when she was Judge Wynn. One person blocks a dis- nated Davis to the same court at Sen- nominated. She was special counsel to tinguished jurist, a filibuster of one, ator SPECTER’s request on January 23, the Senate Judiciary Committee dur- and not a word said. 2002, and he was finally confirmed by a ing the confirmation hearings of Ruth Kathleen McCree-Lewis was nomi- unanimous vote of the Senate on April Bader Ginsburg. She served as Asso- nated to the U.S. Court of Appeals for 18, 2002. But the point was he was ciate Counsel to the President from the Sixth Circuit Court on September stopped for nearly 21⁄2 years by an un- 1995 to 1996, and Deputy Assistant to 16, 1999, and renominated on January 3, known individual. the President for Domestic Policy, and 2001. She did not receive a hearing or a Lynnette Norton was nominated to Deputy Director of the Domestic Pol- vote in committee during the more the U.S. District Court for the Western icy Council from 1997 to 1999. Prior to than a year her nomination was pend- District of Pennsylvania on April 29, that she was professor of law at the ing. She was a distinguished appellate 1998, and renominated on January 26, University of Chicago, tenured. She attorney with Dykema Gossett, one of 1999. She did not receive a hearing or a worked at the Washington, DC, law the largest law firms in Michigan. She vote in committee during the more firm of Williams and Connolly, and she had been active in the Michigan bar than 21⁄2 years her nomination was clerked for U.S. Supreme Court Justice from 1996 to 1999. She chaired the rules pending. She died suddenly in March Thurgood Marshall. A substantial ma- advisory committee of the U.S. Court 2002 of a cerebral aneurysm. It is my jority of the ABA rated her qualified. A of Appeals for the Sixth Circuit. From understanding Senator SPECTER sup- minority rated her well qualified. It is 1992 to 1995, she cochaired the appellate ported Norton. Senator SANTORUM, I my understanding three Senators ar- practice committee of the ABA section believe, did not return the blue slip. gued that the DC Circuit did not need of litigation. From 1987 to 1998, she was According to a November 18, 1999 arti- any more judges, an argument that had editor of the Sixth Circuit section of cle in the Philadelphia Inquirer, a hold been used to delay the confirmation of the Appellate Practice Journal and is a was placed on Ms. Norton’s nomina- Judge Merrick Garland between 1995 life member of the Sixth Circuit Judi- tion. and 1997. cial Conference. She was president of

VerDate Sep 11 2014 11:48 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR10MY05.DAT BR10MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 10, 2005 CONGRESSIONAL RECORD—SENATE 8997 the American Academy of Appellate Kent Markus was nominated to the from ever getting committee or Senate Lawyers. She would have been the first U.S. Court of Appeals for the Sixth Cir- consideration. Apparently, just one African-American woman to serve on cuit on February 9, 2000. He did not re- Senator. She had a hearing, as I said, the Sixth U.S. Circuit Court of Ap- ceive a hearing or a vote in committee. but she never had a vote. peals. She was rated by the ABA as He was the director of the Dave Thom- Roger Gregory was nominated to the well qualified. On March 21, 2001, the as Center for Adoption Law and vis- U.S. Court of Appeals for the Fourth Detroit Free Press reported that she iting professor at Capital University Circuit on June 30, 2000, and was re- was blocked by one of her home State Law School at the time of his nomina- nominated on January 3, 2001. He was a Senators, namely Senator Abraham. tion. He served in numerous high-level recess appointee of President Clinton Let me quote the Detroit Free Press. legal positions within the Department at the end of the 106th Congress. He did McCree-Lewis never ‘‘got a hearing in of Justice, including counselor to the not receive a hearing or a vote. the Senate, thanks to Abraham’s epic Attorney General, Deputy Chief of On March 19, 2001, President Bush obstructionism.’’ Staff for the Office of the Attorney withdrew his nomination. He was sub- Now on January 8, 2001, the Detroit General, and Acting Assistant Attor- sequently renominated by President Free Press reported: ney General for the Office of Legisla- Bush on May 9, 2001, and confirmed The Senate has been obscenely obstruc- tive Affairs. July 20, 2001, by a 93-to-1 vote. tionist in blocking President Bill Clinton’s He also served as first assistant at- According to former Senator Chuck judicial nominations. Former Senator Spen- torney general and chief of staff for the Robb, on October 3, 2000: cer Abraham did nothing to help shepherd Ohio Attorney General’s Office. Despite the well-documented need for an- Michigan Court of Appeals Judge Helene other judge on this court, and despite Mr. White and Detroit attorney Kathleen McCree His nomination was supported by 14 past presidents of the Ohio State Bar Gregory’s stellar qualifications, the Judici- Lewis through the system. ary Committee has stubbornly refused to Again, filibuster of one, in secret, Association, including Democrats, Re- even grant Mr. Gregory the courtesy of a with no floor debate. publicans, and Independents; more hearing. Enrique Moreno was nominated to than 80 Ohio law school deans; promi- I know Senator WARNER supported the U.S. District Court of Appeals for nent Ohio Republicans; the National this judge. the Fifth Circuit on September 16, 1999, District Attorneys Association; and Again, this just goes to show that we and renominated January 3, 2001. the National Fraternal Order of Police. are having a major flap because 41 peo- He did not receive a hearing or a vote The ABA unanimously rated him as ple feel strongly, are willing to come to in committee. At the time of his nomi- qualified. the floor, and willing to debate a nomi- nation, Moreno had a longstanding and Both Senators DEWINE and VOINOVICH nee, and all of a sudden the world is diverse legal practice in El Paso, work- returned blue slips. He was blocked by going to come to an end, when for ing on both civil and criminal law. In one Senator—a filibuster of one, all years and years and years one or two or the civil area, he represented both hidden, all quiet. three Members of the Senate could pre- plaintiffs and defendants, representing Bonnie Campbell was nominated to vent a hearing or a markup in the Ju- both large business clients and also in- the U.S. Court of Appeals for the diciary Committee or an individual dividuals, advocating their civil rights. Eighth Circuit on March 2, 2000, and re- even being brought to the floor. In a survey of State judges, he was nominated on January 3, 2001. Her Which would the public prefer? I rated as one of the top trial attorneys hearing was on May 25, 2000. The nomi- would hope it would be a discussion on in El Paso. A native of Chihuahua, he nation was never voted on by the Judi- the floor of the Senate. I would hope it came to El Paso as a small child, son of ciary Committee. would be laying out the case against a retired carpenter and a seamstress. She served for 4 years as Iowa’s At- the individual, as has been done with The ABA committee unanimously torney General. She is the only woman every one of the ten—only ten; in all of rated him as well qualified. to have held that office in her State, President Bush’s terms, only ten— In November of 2000, Texas Monthly and she wrote what became a model when in President Clinton’s term there reported that he was blocked by both statute on antistalking for States were 60, and one or two, in secret, kept home State Senators, again without a around the country. that individual from being brought to hearing or a vote in the Judiciary Com- She was selected by President Clin- the floor of the Senate and voted on. mittee. ton in 1995 to head the Justice Depart- Well, let me continue. John Bingler Allen Snyder was nominated to the ment’s newly created Violence Against was nominated to the U.S. District U.S. Court of Appeals for the DC Cir- Women Office. She emerged as a na- Court for the Western District of Penn- cuit on September 22, 1999. He did re- tional leader for her work to bring vic- sylvania on July 21, 1995, and renomi- ceive a committee hearing on May 10, tims’ rights reforms to the country’s nated on July 31, 1997. He did not re- 2000. His nomination, though, was not criminal justice system. ceive a hearing or a vote either time he voted on by the committee. In 1997, Time magazine named her was nominated. At the time of his nomination, he one of the 25 most influential people in After waiting more than 2 years was a longtime partner and chairman America. Praising her for bringing without any action on his nomination, of litigation practice at the DC law ‘‘rock-solid credibility’’ to her job, he withdrew on February 12, 1998. firm Hogan & Hartson. At Hogan & Time called Campbell the ‘‘force be- Since 1971, he has practiced law with Hartson, he represented Netscape Com- hind a grass-roots shift in the way the Pittsburgh firm of Thorp, Reed & munications Corporation in the land- Americans view the victims—and per- Armstrong. He served for 6 years as mark Microsoft antitrust case. haps more important, the perpetra- chair of the firm’s litigation depart- He was a former law clerk to Chief tors—of crimes against women.’’ ment. Justice William Rehnquist. The ABA She oversaw a $1.6 billion program to From 1970 to 1971, he was the public unanimously rated him well qualified. provide resources to communities for safety director for the city of Pitts- He served as chair of the Committee on training judges, prosecutors, and po- burgh. He served for 3 years as an as- Admissions and Grievances of the U.S. lice. She was chosen to serve on the sistant U.S. attorney in Pittsburgh Court of Appeals for the District of Co- President’s Interagency Council on where he prosecuted Federal criminal lumbia, as secretary and executive Women, chaired by former First Lady cases, and for 2 years he was an attor- committee member of the Board of HILLARY RODHAM CLINTON. She also ney for the Civil Rights Division of the Governors of the District of Columbia headed the Justice Department’s Work- Department of Justice. He served a 3- Bar, and on the board of the Wash- ing Group on Trafficking. year tour of duty in the U.S. Navy. He ington Council of Lawyers. It is my un- According to a statement given by was rated unanimously as well quali- derstanding his nomination was Senator LEAHY to the Judiciary Com- fied by the ABA. blocked by two Judiciary Committee mittee on January 22, 2004, she was On October 16, 1997, the Pittsburgh- Senators. No reason was given. blocked by a secret Republican hold Post Gazette reported that one of the

VerDate Sep 11 2014 11:48 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR10MY05.DAT BR10MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 8998 CONGRESSIONAL RECORD—SENATE May 10, 2005 two home State Senators held up his Sue Ellen Myerscough was nomi- J. Rich Leonard, was nominated to nomination for 2 years, allowing nei- nated to the U.S. District Court for the the U.S. Court of Appeals for the ther a hearing nor a vote, and I do not Central District of Illinois on October Fourth Circuit, on December 22, 1995, believe it was the chairman of the com- 11, 1995. She did not receive a hearing did not receive a hearing or a vote in mittee. or a vote in committee. She was an Illi- committee. Subsequently, he was nom- Bruce Greer was nominated to the nois State circuit court judge. She was inated to the District Court for the U.S. District Court for the Southern an associate circuit court judge. She Eastern District of North Carolina on District of Florida on August 1, 1995. worked in law firms in Springfield. She March 24, 1999. Again, he did not re- He did not receive a hearing and he was formerly clerked for U.S. District ceive a hearing or a vote. In total, this never voted on by the committee. His Judge Harold Baker. A substantial ma- gentleman waited over 2.5 years before nomination was withdrawn on May 13, jority of the ABA committee rated her the committee for the two nominations 1996. At the time of his nomination, he as well qualified, while a minority without ever receiving a hearing or a was the president of the Miami law rated her as qualified. vote. He was a judge on the U.S. Bank- firm of Greer, Homer & Bonner, where She was supported by both Senator ruptcy Court for the Eastern District he has a civil litigation practice. Paul Simon and Senator Carol of North Carolina at the time of his Senator Bob Graham supported him. Moseley-Braun at the time. In 1997, nomination by President Clinton. He Senator Connie Mack’s position is not Senator DICK DURBIN stated in the was rated as well qualified. Again, my known. It is my understanding the State Journal-Register that he be- information is that one Senator Wall Street Journal published a lieved ‘‘Judge Myerscough was caught blocked both of his nominations. lengthy editorial on July 17, 1996, that up in a Federal stall.’’ I see there are others waiting. I will made no direct allegations against On September 27, 1996, the State be brief. But let me list some of the Greer, but made a case for guilt by as- Journal-Register reported that Senator others. sociation implying that, because Mr. Simon said he believed the reason was Robert Freedberg was nominated to Greer represented unsavory defendants, a matter of partisanship, not because the U.S. District Court for the Eastern he was soft on crime. of any controversy or problems with District of Pennsylvania, April 23, 1998. The Columbia Journalism Review re- her qualifications. Senator Simon said He never received a hearing. He was a ported that the day after the editorial he escorted Myerscough for individual judge on Northampton County’s Court appeared, the chairman came to the meetings with Senator HATCH and of Common Pleas. He is a former pros- floor to denounce judges who are soft other members of the panel but had ecutor. The January 28, 1999 Allentown on crime and, shortly afterward, Mr. ‘‘not had a single member of the com- Morning Call reported that he was Greer received word that he would not mittee tell me he or she couldn’t vote blocked by one Senator. be receiving a hearing. So Bruce Greer for her.’’ Robert Raymar, nominated to the was denied even a hearing to see if the This is what has happened. So I have U.S. Court of Appeals for the Third Cir- allegations were true. a hard time understanding why we are cuit, did not receive a hearing. His That is what has happened, ladies where we are today. nomination expired at the end of the and gentlemen. Charles Stack was nominated to the session. Former deputy attorney gen- Leland Shurin was nominated to the U.S. Court of Appeals for the Eleventh eral for the State of New Jersey, mem- U.S. District Court for the Western Circuit on October 27, 1995. He received ber of the New Jersey Executive Com- District of Missouri on April 4, 1995. He a hearing before the committee on Feb- mission on Ethical Standards. He was did not receive a hearing and was never ruary 28, 1996, but did not receive a rated as qualified. He was supported by voted on in committee. His nomination vote in committee. both State Senators. One person fili- was withdrawn at his request, because According to the May 11, 1996, Miami bustered this individual in committee. of inaction, on September 5, 1995. Herald, he came under intense attack He didn’t receive a hearing or a vote. He was an executive committee from then-Presidential candidate Bob James Lyons, nominated to the U.S. member and partner at the law firm of Dole, and he withdrew his nomination Court of Appeals for the Tenth Circuit, McDowell, Rice & Smith, in Kansas on May 13, 1996. did not receive a hearing or a vote, and City, where he maintained a general Cheryl Wattley, nominated to the withdrew after it became clear he practice doing plaintiff and defense U.S. District Court for the Northern would not receive a hearing or a vote. litigation. He was very active in the District of Texas on December 12, 1995, He was a longtime senior trial partner community. did not receive a hearing or vote in at the Denver law firm of Rothberger, He was rated as qualified by the ABA committee. The Dallas Morning News Johnson & Lyons, special advisor to committee. He told the Kansas City reported in 1996 that she was supported the President of the United States and Star: by both home State Senators. Again, the Secretary of State for economic I had the sense that my confirmation is no reason—probably filibustered be- initiatives in Ireland and Northern Ire- being delayed. No one could give me a clear cause one or two or three didn’t like land. He couldn’t get a hearing. He was date when anything could be done. I’ve sat her for one reason or another. adjudged well qualified by the ABA. around for two years. I can’t keep doing it. Michael Schattman, nominated to I don’t see where anybody is con- One has to come to grips with wheth- the U.S. District Court for the North- cerned about these injustices, and that er this was a fair process, whether this ern District of Texas, December 19, is what they were—real injustices. was even as fair as what is happening 1995, and renominated on March 21, John Snodgrass was nominated to today. I believe no way, no how was 1997, did not receive a hearing, was not the U.S. District Court, Northern Dis- this a fair process. I have been one who voted on in committee. His nomination trict of Alabama, September 22, 1994, has believed that the blue slip should at his request was withdrawn on July renominated January 11, 1995. He did be done away with, that there should 1998 after 21⁄2 years of inaction by the not receive a hearing or a committee be no anonymous holds, and that every committee. This man was a Texas vote. His nomination was withdrawn appointee should be given a hearing State district court judge in Fort on September 5, 1995. and a vote in the committee. That does Worth. He had previously been a coun- Anabelle Rodriguez was nominated to not mean that we should change the ty court judge. And to add insult to in- the U.S. District Court for the District rules of the Senate to prevent, in ex- jury, because of the lengthy delay in of Puerto Rico, January 26, 1996, re- treme cases, the ability of the minority the nomination process, the February nominated March 21, 1997. A committee to register a strong point of view, when 11, 1998 edition of the NewsHour with hearing was held on October 1 of 1998, the minority of one has historically Jim Lehrer reported that he lost his but a vote was never held on her nomi- been allowed to register a strong point State court judgeship. He was unani- nation during the nearly 3 years her of view secretly and, in fact, kill a mously rated as qualified. Again, this nomination was pending. What were nominee. is the hidden filibuster of this body. the reasons for this block? On October

VerDate Sep 11 2014 11:48 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR10MY05.DAT BR10MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 10, 2005 CONGRESSIONAL RECORD—SENATE 8999 8, 1998, the Associated Press reported Kenneth Simon was nominated to the I ask the majority of this body, is that her supporters said she was op- U.S. District for the Northern District that fair? Do you not feel aggrieved? Or posed by Puerto Rico’s prostatehood of Alabama on June 6, 2000, no hearing, is that OK because it was a different Governor and congressional representa- no vote. President of a different party? I don’t tive because she is a backer of the is- John S.W. Lim was nominated to the think so. I think what is sauce for the land’s current status as a U.S. com- U.S. District for the District of Hawaii goose is sauce for the gander. I pointed monwealth, and there was apparently on June 8, 2000, no hearing, no vote. out two uses of filibusters for judicial some overwhelming bipartisan opposi- And there are those, you might say, appointments by Republicans, one in tion. that came under the Thurmond rule. 1881 and one in 1968. Why not vote? If what is being said There is sort of an informal practice Mr. COCHRAN. Mr. President, will now has been true and par for the that in the last few months of a Presi- the Senator yield for a question? course, why not vote? dent’s tenure, the hearings do not go Mrs. FEINSTEIN. I certainly will. Lynne Lasry was nominated for the forward. Again, that is not a rule; it is Mr. COCHRAN. Mr. President, I am Southern District of California but did a practice. curious to know when the Senator not receive a hearing or a vote. After Christine Arguello, nominated to the plans to complete her remarks. At the one year of inaction, the nomination U.S. Court of Appeals, Tenth Circuit, beginning of her remarks, she assured was withdrawn in 1998. on July 27, 2000. the Senate that she would take about James Klein was nominated to the Andre Davis, nominated to the U.S. 30 minutes. We are on the conference U.S. District Court for the District of Court of Appeals, Fourth Circuit, on report on the supplemental appropria- Columbia, January 27, 1998, renomi- October 6, 2000. tions bill which is an urgent supple- nated March 25, 1999, and did not re- Elizabeth Gibson, nominated to the mental bill. We have about 4 hours di- ceive a hearing or committee vote dur- U.S. Court of Appeals, Fourth Circuit, vided among Senators on both sides to ing the 3 years that he was pending. on October 26, 2000. complete debate. I don’t want to push Patricia Coan was nominated to the David Cercone, nominated to the U.S. the Senate into the evening hours, if U.S. District Court for the District of District Court for the Western District we are going to have a prolonged dis- Colorado, May 27, 1999. She did not re- of Pennsylvania on July 27, 2000. cussion of this issue when we thought Harry Litman, nominated to the U.S. ceive a hearing or committee vote in it was going to be 30 minutes. It is al- District Court for the Western District the year and a half that her nomina- most an hour now. tion was pending. The May 21, 2000 Den- of Pennsylvania on July 27, 2000. Mrs. FEINSTEIN. I appreciate the ver Post reported that one Senator Valerie Couch, nominated to the U.S. Senator’s forbearance. He is a true gen- blocked her nomination. District Court for the Western District tleman. Out of respect for him and for Dolly Gee was nominated to the Dis- of Oklahoma on September 7, 2000. the institution, I will conclude my re- trict Court for the Central District of Marian Johnston, nominated to the marks. California, May 22, 1999. She did not re- U.S. District Court for the Eastern Dis- ceive a hearing or committee vote in trict of California on September 7, 2000. During the reorganization of the Sen- the year and a half that her nomina- Steve Achelpohl, nominated to the ate in 2000, Senators Daschle and tion was pending. U.S. District Court for the District of LEAHY worked to make the nomina- Fred Woocher was nominated to the Nebraska on September 12, 2000. tions process more fair and public. This U.S. District Court for the Central Dis- Richard Anderson nominated to the refining forced Senators opposed to a trict of California, received a hearing U.S. District Court for the District of nomination to be held accountable for on November 10, 1999, but was not voted Montana on September 13, 2000. their positions. They could not hide be- on by the committee despite waiting Stephen Lieberman, nominated to hind a cloak of secrecy. This step also for a year after his hearing. the U.S. District Court for the Eastern wiped out many of the procedural hur- Steven Bell was nominated to the District of Pennsylvania on September dles that have been used to defeat U.S. District Court for the Northern 14, 2000. nominations. So many of the tools used District of Ohio but did not receive a And, Melvin Hall, nominated to the by Republicans in the past, and re- hearing or vote in committee for more U.S. District Court for the Western ferred to as a way to draw distinctions than a year that his nomination was District of Oklahoma on October 3, with a public cloture vote are no longer pending. 2000. available. This historical record is im- Rhonda Fields was nominated to Dis- What I have tried to show today is portant, yet it is too often lost in our trict Court for the District of Columbia that there is a certain amount of hy- debates. on November 17, 1999, no hearing, no pocrisy in what is going on today. The I also believe it is useful to examine vote. opposition cannot have any concern the current state of judicial nomina- Robert Cindrich was nominated to about one Clinton nominee or dozens of tions, and what has actually occurred the U.S. Court of Appeals, Third Cir- Clinton nominees who received no in this body during President Bush’s cuit, February 9, 2000, no hearing, no hearing, no markup, no floor vote, but tenure: 208 judges confirmed out of 218; vote. suddenly they are upset because 41 of 95 percent of President Bush’s judges David Fineman was nominated to the us in public, eight of us in committee, have been confirmed; the Senate has U.S. District for the Eastern District of vote no and believe that our views are confirmed 35 circuit court nominees; Pennsylvania on March 9, 2000, no hear- strong enough and substantive enough recently, the Judiciary Committee re- ing, no vote. to warrant a debate on the floor of the ported out 2 District Court and 1 Cir- Linda Riegle was nominated to the Senate in the true tradition of the Sen- cuit Court nominees; today, there are U.S. District for the District of Nevada ate. And bingo, we are going to have a only 4 judicial nominations on the Sen- on April 25, 2000, no hearing, no vote in change in the rules to prevent that ate calendar waiting for a vote; and committee. from happening. Nobody is talking there are only 45 total vacancies, both Ricardo Morado was nominated to about changing the rules so one person district and circuit courts, and 29 do the U.S. District for the Southern Dis- can’t filibuster; one person can’t, on a not have nominations submitted. trict of Texas on May 11, 2000, no hear- pique or because they don’t like the in- What do these numbers mean? There ing, no vote. dividual, condemn that individual. are more judges today sitting on the Stephen Orlofsky was nominated to I can tell you, because I have been on federal bench than in any previous the U.S. Court of Appeals, Third Cir- this committee for 12 years, I have had presidency. The Senate has confirmed cuit, May 25, 2000, no hearing, no vote. people call me and say: Look, I have more judges for President Bush than in Gary Sebelius was nominated to the three children. I have to know what is President Reagan’s first term, his fa- U.S. District for the District of Kansas going to happen to me. I try to get in- ther’s only term, or President Clinton’s on June 6, 2000, no hearing, no vote. formation, can’t get that information. second term.

VerDate Sep 11 2014 11:48 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR10MY05.DAT BR10MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9000 CONGRESSIONAL RECORD—SENATE May 10, 2005 The Senate confirmed more circuit when this President has had over 200 to evaluating each candidate on a case court judicial nominees than in Rea- judges confirmed, and when the Judici- by case basis, and I will continue to en- gan’s or Clinton’s first term. When ary Committee reported favorably a sure that judicial nominees are treated Democrats were in the majority in controversial circuit court judge who fairly and even-handedly, but I will not 2001, there were 110 vacancies and by was not voted on last Congress, but was fail to raise concerns or objections the end of the 108th Congress and renominated. This appears to me to be when there are legitimate issues that President Bush’s first term, the num- an escalation that is unwarranted in need to be discussed. ber had plummeted to 27—the lowest the reality of what has actually oc- The PRESIDING OFFICER. The Sen- level of vacancies since the Reagan era. curred and is happening in this session. ator from New York. Of the 8 nominees reported out of I find it ironic that while our country Mrs. CLINTON. Mr. President, before committee this year, four have already fights abroad to establish democracy, I make my remarks on the supple- been confirmed. One, Thomas Griffith, to promote checks and balances, and mental appropriations conference re- is waiting a vote, and the remaining institute wide representation of all port, I commend my friend and col- three are controversial nominees who people in government; here at home league from California. As we have were defeated last Congress: William our leadership is attempting to erode come to expect, her presentation was Myers, Priscilla Owen, and Janice Rog- those very protections in our own gov- thorough, comprehensive, factually ers Brown. ernment. What kind of message are we and historically accurate. Much in the In addition, President Bush has sent sending? ‘‘Do as I say, not as I do’’? debate that has occurred around the the Senate but one new judicial nomi- This debate over judicial nominees is so-called nuclear option has been heat- nation this year. Brian Sandoval of Ne- a debate about privacy, women’s ed. It has been rhetorical. It has been vada is the only new judicial nomina- rights, civil rights, clean environment, filled with opinion. It has been, unfor- tion sent to the Senate in the first five access to healthcare and education; re- tunately, often devoid of either histor- months of this year. He has bipartisan tirement security—we may not all ical or factual content. I personally ap- support from his home State Senators agree, but the beauty of our country is preciate greatly the Senator from Cali- and appears to be a consensus nominee. the freedom to disagree, to debate, and fornia putting into the RECORD these Again, what do these numbers mean? to require compromise because no one very carefully created remarks based They mean there is no crisis on the fed- party has the corner on the market of on facts. I hope no matter what hap- eral bench that justifies the so-called good ideas and solutions—and no party pens with this debate—and obviously, I nuclear option as some of my Repub- has the corner on the market of polit- hope the Senate comes to its senses lican colleagues contend. ical power. and realizes that we owe an obligation Democrats held the House majority To me, the record I just described to the Constitution and the country— for over 50 years, and now Republicans and the reasons for opposing these lim- historians will be able to look back and have been in the majority for over a ited number of nominees doesn’t lead read the very impressive statement of decade. Democrats held the White to the conclusion that the Senate the Senator from California and know House for eight years, now the Repub- should be discussing breaking our own what the facts were. I personally ex- licans will have occupied the White institutional rules and unraveling the press my appreciation to her. House for eight years. Neither party checks and balances established by our Mr. DORGAN. Will the Senator from will always be right when it comes to Constitution. New York yield for a question? the best policies for our country, and Some have described this debate as a Mrs. CLINTON. Yes. neither party will always be in power. strategy to change the rules. Changing There are many urgent problems the Mr. DORGAN. Mr. President, I ask the rules is not only unacceptable, but Senate needs to be focused on and unanimous consent that I be recog- in this case it is inaccurate as well. Americans’ want us to focus on: the nized at 2:15 for 15 minutes to discuss The nuclear option is a strategy to war in Iraq; protecting our homeland; the supplemental. Senator BYRD is the break the rules. This isn’t just my as- addressing the high cost of prescription ranking member on the Appropriations sessment; it’s the conclusion drawn by drugs; alleviating rising gas prices; en- Committee. If he is here and wishes to the Senate Parliamentarian and the suring our social security system is speak at that time, I will yield the Congressional Research Service. stable and working; and reducing the floor to him. In the absence of that, I Last week, press reports reiterated federal deficit. ask consent. that Senator REID had been assured by I am troubled that instead today we The PRESIDING OFFICER. Without the Parliamentarian that if the Repub- are spending much of our time on polit- objection, it is so ordered. licans go through with this strategy ical posturing gone too far—on a strat- The Senator from New York. they would ‘‘have to overrule him, be- egy to unravel our constitutional Mrs. CLINTON. Mr. President, I rise cause what they are doing is wrong.’’ checks and balances. to address the emergency supplemental The Congressional Research Service Cold War commentator Walter appropriations conference report. When concluded in a recent report that to Lippman once said, ‘‘In making the the vote occurs, it is likely to be, if not employ these tactics the Senate would great experiment of governing people unanimous, very close to being unani- have to ‘‘overturn previous precedent.’’ by consent rather than by coercion, it mous. And why? Because this con- ‘‘Proceedings of this kind, it is argued, is not sufficient that the party in ference report contains the funding would both break old precedent and es- power should have a majority. It is just that is needed by our brave troops in tablish new Senate precedents. Eventu- as necessary that the party in power Iraq and Afghanistan. It contains fund- ally such a plan might even result in should never outrage the minority.’’ ing to provide necessary resources to changes in Senate rules, while circum- And today, we are outraged. equip our troops and to do the military venting the procedures prescribed by I would hope that the majority would construction that is necessary. I will Senate rules.’’ not choose to unravel that foundation vote for this conference report. But I So, shortly, the Senate will likely be over a small handful of nominees. I want to record some serious reserva- faced with a preemptive strike to would hope we would continue to honor tions about this process. First, the break the rules. The term preemptive the tradition of our democracy. I would emergency supplemental appropria- strike seems appropriate when there hope the President will urge others in tions process is destined to be just are only three controversial judges his party to walk away from this nu- that. It is a way to fund unforeseen waiting for a vote—judges who were clear strategy. And I know if the shoe emergencies outside of the usual budg- previously defeated last Congress and was on the other foot, I would not ad- etary process. have drawn strong opposition. vocate breaking Senate rules and Unfortunately, once again, we are This is a move to wipe out 200 years precedent. funding the cost of the military in of precedent when this Senate has only Regardless of how this debate con- Iraq, Afghanistan, and elsewhere, as been in session for just over 4 months, tinues to unfold, I remain committed well as a legitimate emergency, such

VerDate Sep 11 2014 11:48 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR10MY05.DAT BR10MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 10, 2005 CONGRESSIONAL RECORD—SENATE 9001 as the tsunami relief provisions in the spent in Iraq. According to recent re- about it in the Senate. We have not bill, through an emergency. I am privi- ports, Government auditors found that even had debate about it in the Senate. leged to sit on the Senate Armed Serv- American officials rushed to start I joined with Senator FEINSTEIN to try ices Committee, which is responsible small building projects in a large area to prevent immigration proposals from for presenting the authorization for the of Iraq during 2003 and 2004. They did being tacked onto the supplemental. budget for the Department of Defense, not keep the required records that But we all know why that happened— and during several of our hearings over would tell us how they spent $89.4 mil- because the administration backed up the last several months, I, among a lion in cash. They cannot account for the House Republican leadership to number of my colleagues on both sides at least $7.2 million more. This is a give them an opportunity to put the of the aisle, have asked our civilian very serious question. If we are appro- so-called REAL ID on a must-pass and military leadership from the De- priating this money and we are sending piece of legislation; namely, legislation partment of Defense how they explain it for both military and reconstruction to fund our troops. So without debate, the fact that once again the costs for purposes to Iraq, we have a right to ex- without committee hearings, without Iraq and Afghanistan are not in the pect that records will be kept so we can process, we have the so-called REAL ID budget; they are in the emergency sup- determine whether it is being spent in in this emergency supplemental. plemental. the appropriate manner. I am outraged that the Republican Many of these costs perhaps were We have also heard that millions of leadership, first in the House and now, genuine emergencies, but many others dollars of Iraqi reconstruction funds unfortunately, in the Senate, would are not. I would not argue with many that have been appropriated have also put this seriously flawed act into this of the decisions made because I am not been spent. A large reason for that emergency supplemental bill for our well aware of the importance of recapi- is security. But why come back for troops in Afghanistan and Iraq. Emer- talizing our equipment, building back more money when we cannot spend the gency legislation designed to provide up our stores of arms that have been money we have already appropriated? our troops the resources they need to decreased through necessary action. It is heartbreaking to me that there is fight terrorism on the front lines is not But a good budgeting process would so little oversight from this Congress the place for broad, sweeping immigra- take all of that into account. Having with respect to this administration. tion reform. That is what REAL ID is. this supplemental, unfortunately, with There are no rigorous hearings being There may be parts of it that we could the big title ‘‘emergency’’ over it ap- held to determine whether we are agree on if we ever had a chance to de- pears to be an effort to rush things spending money correctly, how it is bate it. Other parts go too far and don’t through to avoid congressional over- being spent, where all of the cash is fulfill the purpose of making our coun- sight and scrutiny. Obviously, a bill going. The first time I flew into Iraq, I try more secure. that is going to provide funding for the flew from Kuwait to Baghdad on a C– I am in total agreement with those young men and women wearing the 130. The back of it was loaded with who argue that we need to address our uniform of our country, in harm’s way cash—dollars. They were being taken immigration challenges, and we are every single hour of every day, is going into Baghdad to be spent for God still not doing what we should to fulfill to command broad bipartisan and pub- knows what, and there is no account- the demands of homeland security. I lic support, as it should. But that ability. think they go hand-in-hand. If we can- doesn’t, in my opinion, in any way It is remarkable that this Congress, not secure our borders, we cannot se- mitigate against what should be the at this important moment in American cure our homeland. Everybody knows necessity of an orderly process, an ap- history, is not exercising its constitu- we are not securing our borders. Who propriations process subject to the give tional oversight responsibilities. Dur- are we kidding? We need a much tough- and take of opinion and fact, and argu- ing the Second World War, Harry Tru- er, smarter look at these issues. But ment and reason and evidence, and man, a Democratic President, with a instead we are taking a piece of legisla- then the presentation of a budget that Democratic Congress, held hearings tion passed by the House, jammed into includes the expenses that are nec- about where money was going in World supplemental emergency appropria- essary for our military. War II. In the 1960s, Senator Fulbright, tions for our troops, and we are going I regret deeply that we are, once with a Democratic President and a to up-end the way we do driver’s li- again, seeing an emergency bill being Democratic Congress, held hearings censes throughout our country, and we pushed through the Senate, as it was about our policies and actions in Viet- are going to claim we have now made pushed through the House last week, nam. We have a Republican President, America safer. when instead we should be having an a Republican Congress—hear no evil, I think that is a false claim. I regret orderly process looking at these mat- see no evil, speak to evil; we don’t deeply that we are rushing to pass this ters within the budget and making de- want to know. Questions are not emergency bill with this so-called cisions based on that process. asked—at least publicly. People have REAL ID in it. We need to reform our During the Armed Services Com- no idea where this money is going, who immigration laws. We need to make mittee hearing on this supplemental is getting it, and how it is being spent. our borders more secure. But we need a request, a number of my colleagues These emergency supplementals have debate about how we are going to do asked why projects that ordinarily are even less oversight than the typical that. Isn’t it somewhat interesting to included in the regular Department of budget, which in this Congress is prac- everyone in this Chamber that the Defense budget were being shifted to tically nothing. richest, smartest country with the best the supplemental. I really was quite So while we continue to spend bil- technology in the world cannot secure taken aback when the military leader- lions and billions of American taxpayer its borders? Why would that be? Well, ship said they didn’t know, that they dollars, we don’t see the requisite ac- part of the reason is because there are were just told they should put it out countability occurring in this body to many people, particularly to our south, for the supplemental. The civilian lead- determine whether we are spending who are desperate for a better chance. ership present at the hearing could not them appropriately. They literally risk their lives to come offer a much better explanation. So it I am also deeply concerned that on here. Part of it is because we have a lot is regrettable that we are making these an emergency supplemental to fund our of employers who want to employ important, literally life-and-death de- troops and fund the relief disaster in them. So they know if they get here, cisions once again in an emergency southeast Asia because of the tsunami, they will have a job. We are not having supplemental as opposed to the regular we are being asked to vote on some- a public national debate about this be- budget. thing called ‘‘REAL ID.’’ It is a provi- cause, if we were, we would have to Also, it is regrettable that the ad- sion meant to, in the supporters’ argu- point fingers at these employers who ministration is not providing a proper ment, make our country safer. How do pick up illegal immigrants every single accounting of how funds are being we know? We haven’t had hearings day on street corners throughout

VerDate Sep 11 2014 11:48 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR10MY05.DAT BR10MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9002 CONGRESSIONAL RECORD—SENATE May 10, 2005 America, or who sign them up to work floor, using the rules that have really The Senator from Wisconsin. in dangerous factories with very little stood the test of time and been good Mr. KOHL. Mr. President, although I health and safety regulation. for the Senate and our country. We will vote for this conference report, I So come on, let’s not kid ourselves. don’t always win, but the Senate was feel obliged to alert my colleagues to a We have a serious security and immi- devised to protect minority rights. I serious flaw. This bill does not provide gration problem. But we are not ad- represent a State of 19 million people. enough international food aid. And if dressing it by jamming this provision The Presiding Officer represents a emerging reports are correct, I fear we about driver’s licenses into our emer- much smaller State. He and I are are about to enter a spring and summer gency appropriations. We need to make equal. That is the whole idea behind of agony in some of the poorest parts of our borders more secure. I have intro- the setup of the Senate. the world. duced legislation 3 years in a row to Finally, let’s be sure that we do not This situation troubles me a great have a northern border coordinator. I piecemeal reform immigration—I use deal. Here we are, the strongest nation met with both Secretary Ridge and the word ‘‘reform’’ advisedly—that we on Earth, and we are rightfully appro- Secretary Chertoff. We don’t know who have the kind of debate and com- priating funds to maintain that is in charge of the northern border. prehensive reform that is so needed. I strength. But with enormous strength Trying to figure out who is responsible bet every one of the offices of my col- comes a moral obligation to respond for the northern border is like playing leagues is faced with what my office appropriately to pain and suffering. ‘‘Where is Waldo.’’ we cannot figure confronts every single day. We do lots This bill fails to respond appropriately. that out. We are not taking simple of casework. There are a lot of people When the supplemental was first con- steps to rationalize our bureaucracy in who came here legally. They cannot sidered in this body, Senator DEWINE Washington, to find out what our holes get their relatives into this country. and I and others offered an amendment are and how they can be plugged, what They cannot reunite their families. I to provide a total of $470 million for policies would work if we were actually want to have a reform that really pro- PL–480 food aid. That may sound like a serious about improving security. vides benefits for legal immigrants. lot to some, but it totaled merely six- The REAL ID Act also gives total Mr. President, I hope we can deal tenths of 1 percent of the total spend- control to the Secretary of Homeland with these issues in a better way that ing in the bill. Security to waive legal requirements really reflects the best of the Senate Mr. President, $346 million of our that stand in the way of constructing going forward. amendment was intended to meet the barriers and roads along the border. The PRESIDING OFFICER. The Sen- U.S. share of world-wide food emer- The only check is limited judicial re- ator from Mississippi. gency needs as already identified by view. This is quite a tremendous grant UNANIMOUS CONSENT REQUEST—COMMITTEE the U.S. Government. Another $12 mil- of authority to one person in our Gov- MEETINGS lion was slated to restore Food for ernment. I am sure there are some rea- Mr. COCHRAN. Mr. President, before Peace resources diverted to address the sons why we would want to expedite a the Chair announces the recess for the tsunami. Finally, $112 million was in- process to try to have better security policy luncheons, I have eight unani- tended to restore food aid development along our borders. But to give this un- mous consent requests for committees projects that the United States has al- checked responsibility to the Sec- to meet during today’s session of the ready pledged to other countries this retary, with limited judicial review— Senate. They have the approval of the year. that is a slippery slope, my friends. We majority and minority leaders. I ask It troubles me, and it should trouble are sliding further and further toward unanimous consent that these requests everyone here, that we may not be able absolute power and the removal of our be agreed to and the requests be print- to deliver on those pledges. What a dis- checks and balances. ed in the RECORD. turbing message that sends to the rest We also have to figure out how we The PRESIDING OFFICER. Is there of the world. It says that while we may are going to deal with the changes in objection? talk a good game on food aid, you can- asylum rules that are in REAL ID. I Mr. GREGG. Mr. President, I object. not be too sure just where we stand am very proud of the fact that our The PRESIDING OFFICER. Objec- when the going gets tough. country has always welcomed asylum- tion is heard. The numbers in our amendment were seekers and refugees. There is a city in f not pulled out of thin air. They were the result of close analysis of the world New York, Utica, which is known as RECESS situation. In light of new reports from one of the most welcoming places for The PRESIDING OFFICER. Under refugees in the entire country. I am so Ethiopia, I worry that even the the previous order, the hour of 12:30 amounts included in our original proud of the people of Utica. They have p.m. having arrived, the Senate will taken in Bosnians, Kosovars, Soma- amendment may have been, in fact, too stand in recess until the hour of 2:15 conservative. lians, all kinds of refugees—people who p.m. could not stay in their home country Sadly, the conference reduced the Thereupon, the Senate, at 12:31 p.m., food aid total to $240 million, a level and were desperate for some place of recessed until 2:15 p.m. and reassem- refuge. Under these new rules, we will that is well below a split with the level bled when called to order by the Pre- proposed by the administration and see whether America remains the place siding Officer (Mr. VOINOVICH). of welcome, whether we fulfill our obli- adopted by the House. f I ask unanimous consent that an gations to our fellow men and women. I hope that the failure of having a EMERGENCY SUPPLEMENTAL AP- alert I received from several faith- process with respect to REAL ID, the PROPRIATIONS ACT FOR DE- based organizations about the situa- continuing use of the supplemental ap- FENSE, THE GLOBAL WAR ON tion in Ethiopia be printed into the propriations route for funding our TERROR, AND TSUNAMI RELIEF RECORD. There being no objection, the mate- troops, which avoids the budget proc- ACT, 2005—CONFERENCE RE- rial was ordered to be printed in the ess, will at some point come to an end PORT—Continued RECORD, as follows: because the majority will no longer The PRESIDING OFFICER. The Sen- FLASH ALERT FROM JRP MEMBERS tolerate it. This is not good for any of ator from North Dakota. ADDIS ABABA, ETHIOPIA—APRIL 2005 us—to have these kinds of processes Mr. DORGAN. Mr. President, I be- that really turn our constitutional sys- The three Churches and two Church-re- lieve, by unanimous consent, I am to lated agencies (Ethiopian Orthodox Church, tem upside down. be recognized at 2:15 for 15 minutes. Ethiopian Catholic Church, Ethiopian Evan- 1 In the meantime, we need to send a I allocate 2 ⁄2 minutes of that time to gelical Church Mekane Yesus, Catholic Re- message that we are able to have na- the Senator from Wisconsin, Mr. KOHL. lief Services and Lutheran World Federa- tional debates about sensitive issues, The PRESIDING OFFICER. Without tion) who make up the ecumenical Joint Re- to debate judicial nominations on the objection, it is so ordered. lief Partnership feel compelled to bring to

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