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, THURSDAY, FEBRUARY 6, 2003 No. 22 House of Representatives The House was not in session today. Its next meeting will be held on Friday, February 7, 2003, at 10:00 a.m. Senate THURSDAY, FEBRUARY 6, 2003 The Senate met at 9:30 a.m. and was lic for which it stands, one nation under God, EXECUTIVE SESSION called to order by the President pro indivisible, with liberty and justice for all. tempore (Mr. STEVENS). f NOMINATION OF MIGUEL A. PRAYER ESTRADA, OF VIRGINIA, TO BE The Chaplain, Dr. Lloyd John UNITED STATES CIRCUIT JUDGE RESERVATION OF LEADERSHIP Ogilvie, offered the following prayer: FOR THE DISTRICT OF COLUM- TIME Almighty God, who never sends trag- BIA CIRCUIT edies or trouble but is with us in the The PRESIDENT pro tempore. Under The PRESIDING OFFICER (Ms. MUR- midst of nerve-stretching times to give the previous order, leadership time is KOWSKI). Under the previous order, the us courage, we fall on the knees of our reserved. Senate will return to executive session hearts seeking the peace and hope only to resume consideration of Executive You can provide. When there is no- f Calendar No. 21, which the clerk will where else to turn it’s time to return report. to You. With the untimely death of the The legislative clerk read the nomi- heroic astronauts, we are reminded of RECOGNITION OF THE ACTING MAJORITY LEADER nation of Miguel A. Estrada, of Vir- the shortness of our lives and the ginia, to be United States Circuit length of eternity. The PRESIDENT pro tempore. The Judge for the District of Columbia Cir- Yesterday we listened to Secretary of acting majority leader is recognized. cuit. State Colin Powell and realized again The PRESIDING OFFICER. The Sen- that we face a treacherous enemy with f ator from Colorado. formidable, destructive power. For the Mr. ALLARD. Madam President, it is sake of the safety of humankind and SCHEDULE ironic that one of the arguments the world, grant the President, his ad- against Miguel Estrada, the President’s visors, and this Senate Your strategy Mr. ALLARD. Mr. President, on be- nominee for the D.C. Circuit Court, and strength for the crucial decisions half of the majority leader, I have some center around prior judicial experience. confronting them. information for Senators. The Senate This argument is nothing but hollow And now for the work of this day, will resume debate on the nomination political rhetoric aimed at obstructing keep the Senators and all of us who of Miguel Estrada this morning. We the Senate’s constitutional duty to work with and for them mindful that had a productive debate on the Estrada confirm judges. It is also a double You are Sovereign of this land, and nomination on yesterday afternoon, standard of the highest order. To illus- that we are accountable to You for all and it is the majority leader’s objec- trate this point, I bring a Colorado leg- that is said and done. May the bond of tive to arrive at an agreement with the patriotism that binds us together al- end to the attention of my colleagues. other side of the aisle regarding the Byron ‘‘Whizzer’’ White may have ways be stronger than any issue that consideration and vote on the nomina- threatens to divide us. You are our passed away almost a year ago, but the tion in the near future. Lord and Saviour. Amen. Centennial State will forever feel his As previously announced, there will commanding presence. Mr. White was f be no rollcall votes today. It is antici- born in Fort Collins, CO, not far from PLEDGE OF ALLEGIANCE pated that the Senate will adjourn where I live and where my family lives, The Honorable TED STEVENS led the around noon. Therefore, Senators who and was raised in nearby Wellington. Pledge of Allegiance, as follows: wish to speak on the Estrada nomina- He went on to become his high school’s I pledge allegiance to the Flag of the tion are encouraged to make arrange- valedictorian, All-American football United States of America, and to the Repub- ments to do so earlier in the day. star, college valedictorian, Rhodes ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S2021 . VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2022 CONGRESSIONAL RECORD — SENATE February 6, 2003 scholar, professional football player, I suggest the absence of a quorum. the tactic of alleging that he did not and a decorated World War II soldier. The PRESIDING OFFICER. The say enough. That is ridiculous. They Noting his many significant achieve- clerk will call the roll. controlled everything. They could have ments, President John F.Kennedy nom- The legislative clerk proceeded to asked him anything, and I think they inated him to the Supreme Court in call the roll. did. Now, he didn’t say enough. 1962, saying, Byron White ‘‘excelled at Mr. DORGAN. Madam President, I The fact is that Mr. Estrada cor- everything he has ever attempted.’’ ask unanimous consent that the order rectly refused to answer questions that White, at only 44 years of age, ascended for the quorum call be rescinded. called upon him to prejudge issues that to the bench of our Nation’s highest The PRESIDING OFFICER. Without may very well come before him as a court and went on to serve for three objection, it is so ordered. judge. That is what every nominee decades. Mr. DORGAN. Madam President, I with any brains has done from time im- Why is this significant? It is signifi- ask unanimous consent that I be able memorial. No nominee wants to have cant because had President Kennedy to proceed for 20 minutes as in morning to recuse himself in a serious case later adhered to such a rigid litmus test, business. because of something he said before the Byron White would never have been The PRESIDING OFFICER. Without Senate Judiciary Committee. Well, let seated on the bench of the United objection, it is so ordered. me repeat that. The fact is that Mr. States Supreme Court. Adherence to (The remarks of Mr. DORGAN are Estrada correctly refused to answer the experience litmus test would mean printed in today’s RECORD under questions that called upon him to pre- that five of the eight judges currently ‘‘Morning Business.’’) judge issues that may very well come serving on the D.C. Circuit would not The PRESIDING OFFICER. The Sen- before him as a judge. This includes his have been confirmed because they had ator from Utah is recognized. opinion on whether established prece- no previous judicial experience—in- Mr. HATCH. Madam President, I am dent was correctly decided and how he cluding two of President Clinton’s happy to be able to take the floor this would decide these cases if he were nominees, Merrick Garland and David morning to argue in favor of Miguel working from a clean slate. Tatel, and one appointed by President Estrada. Miguel is one of the finest Lloyd Cutler, who was the White Carter, Judge Harry Edwards, who was lawyers in the country. He has arrived House chief counsel in both the Carter younger than Mr. Estrada currently is. at this position and status, where he is and Clinton administrations, and one It is obvious that the opposition to approved by the American Bar Associa- of the premier lawyers in the country— Miguel Estrada is not concerned with tion as ‘‘unanimously well qualified,’’ certainly in this town—and one of the merit or intellect. They are more con- the highest rating that the American great public servants of all time, in my cerned with partisan politics. Their Bar Association can give. He has had opinion, put it best when he said: work is concentrated on holding our his critics, but only in generalized [I]t would be a tragic development if ide- Nation hostage to their rigid ideology, terms. He has had his critics who I ology became an increasingly important con- unprecedented in the consideration of don’t think have a leg to stand on in sideration in the future. To make ideology judges. While caseloads in the Federal the criticism they are raising. an issue in the confirmation process is to courts continue to increase dramati- One of the more ridiculous assertions suggest that the legal process is and should cally and filings reach all-time highs, that I have heard about Miguel is that be a political one. This is not only wrong as he was not especially or sufficiently re- a matter of political science; it also serves to the opposition pursues an agenda of ob- weaken public confidence in the courts. Just struction, aimed at disrupting the jus- sponsive at his hearing and therefore as candidates should put aside their partisan tice that is guaranteed by our Con- we need to have a second hearing to political views when appointed to the bench, stitution, and creating a vacancy crisis evaluate him. Keep in mind, the Demo- so too should they put aside ideology. in the Federal courts. Chief Justice crats were in control of the Judiciary This is Lloyd Cutler, who was chief William Rehnquist recently warned Committee. They called the hearing, White House counsel for Presidents that the current number of vacancies, they controlled the hearing, they con- Carter and Clinton.