E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION Vol. 149 WASHINGTON, WEDNESDAY, NOVEMBER 12, 2003 No. 164—Book III Senate EXECUTIVE SESSION Mr. WARNER. I will sit down. The political left. But these inside the Belt- The PRESIDING OFFICER (Mr. Senator may go ahead. way, left wing groups have gotten the CHAMBLISS). The Senator from Iowa. The PRESIDING OFFICER. The Sen- Democrats to do their bidding. They Mr. GRASSLEY. Mr. President, I ator from Iowa. have hijacked the judicial confirma- yield myself such time as I might con- Mr. GRASSLEY. Mr. President, I rise tion process in an unprecedented fili- sume. today to discuss the Democrats’ fili- buster of judicial nominees, and they Mr. WARNER. Mr. President, par- buster of President Bush’s judicial are denying these good men and women liamentary inquiry: Can the distin- nominees. The Senate Democrats still an up or down vote. Federal judicial guished Senator from Iowa—we were think it is Halloween and are trying to seats will remain unfilled, and liti- told to come here at certain times, and spook us into believing that President gants seeking justice from those courts if he were to take as much as he wish- Bush has nominated a bunch of extrem- can expect further delays. es, that would preclude any other Sen- ist individuals that cannot be good The reality is that the Constitution ator speaking in the time period. judges. The Democrats are claiming of the United States gives the Presi- Mr. GRASSLEY. I yield to the Sen- that these nominees are ‘‘outside of the dent the power to appoint individuals ator whatever time he needs. mainstream’’. The truth is that these to seats on the Federal judiciary. The Mr. WARNER. I withdraw my par- individuals will not implement a lib- Constitution gives the Senate the re- liamentary inquiry. eral agenda on the bench. The truth is sponsibility to advise the President in Mr. GRASSLEY. I yield the Senator that these individuals will follow the this process. And the Constitution re- whatever time he wants. law, rather than bend to the will of the quires the Senate, by a simple majority NOTICE If the 108th Congress, 1st Session, adjourns sine die on or before November 21, 2003, a final issue of the Congres- sional Record for the 108th Congress, 1st Session, will be published on Monday, December 15, 2003, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–410A of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 12, 2003. The final issue will be dated Monday, December 15, 2003, and will be delivered on Tuesday, December 16, 2003. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after re- ceipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60 of the Capitol. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman. ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S14683 . VerDate jul 14 2003 01:09 Nov 15, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.481 S12PT3 S14684 CONGRESSIONAL RECORD — SENATE November 12, 2003 vote, to give its consent to the Presi- preme Court by wide margins and has tions, outstanding intellects, and their dent’s choices for Federal judgeships, served that court admirably. Judge compelling life stories, it saddens me or to withhold that consent. But Owen enjoys the support of her two to know that the Democrats have been through an unjust abuse of the fili- home state Senators and has been en- so ready and willing to stomp all over buster, a minority of Senators is pre- dorsed over and over again by elected their good names and to deny the venting the majority of the Senate officials, fellow jurists, and attorneys American people quality jurists—all from taking an up or down vote on alike. this in the name of carrying the sword President Bush’s judicial nominee. Janice Rogers Brown, the daughter of for special left wing interest groups. That is not right. a share cropper who attended seg- I have served in this body for many I have always been of the position regated schools, put herself through years. And I have seen the filibuster that judicial nominees should be care- California State University and even- used to leverage a better bargaining fully scrutinized by the Judiciary Com- tually law school at UCLA. She did all position on legislative matters. But it mittee because they are life-time ap- this while raising two children as a sin- hasn’t been used to block a judicial pointments. It is my opinion that judi- gle mother. She served her state in a nominee, and especially not where that cial nominees should have intellect, ex- variety of legal roles, including Deputy nominee enjoys majority support by perience, character and integrity. They Attorney General and then later as a the Senate. This is the first time in should also have the right judgment legal affairs secretary to the Governor. history that the filibuster has been and temperament for the job. But most Judge Brown has served on the Cali- used to prevent a judicial confirma- importantly, they should understand fornia Supreme Court since 1996. tion, even though my colleagues on the their role on the bench, which is to in- Carolyn Kuhl has been a judge on the other aisle say that isn’t the case. It is terpret the law and to follow the law, Los Angeles County Superior Court wrong and probably unconstitional. It not to make the law and legislate from since 1995. She served in a variety of is an abuse of the process. The Senate the bench. That is the most important positions in the Justice Department, is supposed to provide advice and con- credential in my book. And I take that and then was a partner at a prominent sent. The Democrats are denying the job of looking at judicial nominees Los Angeles law firm. Judge Kurl re- rest of the Senate our responsibility very seriously. ceived a well qualified rating by the under the Constitution to give our con- However, once the Senate Judiciary ABA, and enjoys bipartisan support. sent—or even to withhold our consent. Committee has had the opportunity to Three other highly respectable nomi- It is a terrible disgrace and ought not review these candidates and to approve nees have already been filibustered. to continue. them, these individuals should get an Bill Pryor has earned the reputation as up or down vote by the full Senate. one of the most experienced states at- The Democrats are leading us down a This is the right process. This is a fair torneys general in the country. He path that is just going to make mat- process. During my tenure with the graduated from law school magna cum ters worse. The judicial confirmation United States Senate, I haven’t always laude, and clerked for Fifth Circuit process is already in an unhealthy agreed with a sitting President’s Judge Wisdom. We have seen that he state of repair—we don’t need to de- choices for the Federal bench. I have enforces the law regardless of his per- stroy it altogether. The Democrats voted against a number of judicial sonal convictions. General Pryor also need to stop playing politics with the nominees because I didn’t believe they has overwhelming support from across judiciary. They need to stop spooking were qualified to be a judge, or because the political spectrum. people about the qualifications and I didn’t believe that a seat needed to be Judge Charles Pickering has been a ability of these nominees to be good filled. But I have never filibustered a lawyer and county prosecutor, and has federal judges. They need to stop judicial nominee. served as a distinguished federal dis- spooking away qualified nominees like But that is just what is happening trict court judge for the past 11 years. Miguel Estrada. We need to stop this right now. We are seeing the unprece- He received the ABA’s highest rating, unjust filibuster and give these worthy dented use of the filibuster rule to stop ‘‘well qualified.’’ He stood up against nominees what they deserve—an up or judicial nominees from being con- the Ku Klux Klan, and has been a lead- down vote.