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