S2144 CONGRESSIONAL RECORD — SENATE February 11, 2003 votes to get a confirmation? The Sen- serves a vote—but why I think the ju- those objections and show they are ate responsibly, wisely, backed away dicial confirmation process is broken merely pretext for what is really going from that position. and has fallen into a state beneath the on here. I urge my colleagues, come to the dignity of this institution and this The American people know what is floor, state your concerns. If you have body. going on here, though, regardless of additional questions, I guess there is Indeed, I think if you could charac- what Members may claim. They realize still time to get some answers. But we terize what has been going on with re- the judicial confirmation process in need to have an up-or-down vote on gard to this confirmation process, you the Senate has become a game of polit- this nominee this week. He has been could talk about ‘‘delay’’—the fact ical football, where the participants pending since May 9, 2001, as have some that Miguel Estrada’s name had been think they are going to score points other very qualified nominees for the sent up for consideration by the Senate against their opponent—Republicans Federal judiciary. How long is enough? some 18 months ago, on May 9, 2001. against Democrats, Democrats against How much time do you need to review Second, I would choose the word ‘‘de- Republicans. But while the people who the record and look at the credentials, feat’’ in talking about this nomination. engage in this game of political foot- the qualifications of a nominee? It is clear the overarching objective of ball may believe they are scoring It is actually embarrassing, the way those who choose to oppose this nomi- points, it is the American people who the questions are being raised about nation are those who wish to defeat lose. this nominee, that we wouldn’t give President Bush on any and every front Again, I want to associate myself this nominee an overwhelming and per- they can find, where they don’t believe with the thoughtful remarks made the haps unanimous confirmation to this they will have to pay a political price. other day by the senior Senator from Pennsylvania who called for an end to position. Is it a fear that this brilliant, You could also talk about ‘‘deny’’— the fingerpointing, the recriminations young Hispanic who has lived and denying an opportunity for immigrants and the faultfinding. He called for the taken advantage of the American like Miguel Estrada, someone who is beginning of a new protocol, a new dream might some day be rec- living the American dream, to serve in process that befits the dignity of this ommended for the Supreme Court? Is a position of public trust. institution, one that would provide a that what is going on here? If it is, why Finally, I will use the word ‘‘dis- timely, comprehensive, and efficient don’t we at least wait and worry about pirit.’’ Clearly, there is an attempt to way to evaluate and vote on judicial that when he gets nominated to the dispirit those who would offer them- nominees, regardless of which party is Supreme Court. selves for public service, to make it so burdensome and so distasteful that in power in the White House. He is qualified. He will be an out- First of all, I want to address the ob- standing Federal judge. I urge my col- they will choose not to offer them- selves for public service. jection that has been noted about Mr. leagues to stop using very weak argu- Estrada’s refusal to state a political ments about how maybe he didn’t an- So I believe much of this debate en- compasses these four concepts: Delay, position or ideological position on a swer detailed questions about what his whole range of issues that will, in all rulings might be in a hypothetical defeat, deny, and dispirit. Now, how have opponents to Miguel likelihood, come before him on the case. That is not usually the basis we Estrada’s confirmation chosen to ap- bench. use for voting against a nominee. proach their opposition? First, I be- Everyone knows judges are not sup- I thank Senator HATCH for the job he lieve they have used scare tactics. The posed to be politicians, running on the has done on the committee. I am glad Senator from Massachusetts said the basis of a party platform, and, worse this process is beginning to break loose other day: yet, everyone knows judges are not now for men and women, minorities, supposed to prejudge cases that may who have been pending for close to 2 When this or any other administration nominates judges who would weaken the come before them. Why have a trial? years and who deserve to be considered core values of our country and roll back the Why have the adversaries in a court of by the Senate. I wholeheartedly en- basic rights that make our country a gen- law argue about what the facts are or dorse this nominee and look forward to uine democracy, the Senate should reject what the application of the law to seeing the leadership he will provide on them. those facts should be if a judge is going this particular circuit court of appeals. And then we heard from the Senator to prejudge that case? That is not jus- I yield the floor. from Vermont: tice; that is the antithesis of justice f We see an emboldened executive branch and the dispassionate impartiality we RECESS wielding its rising influence over both expect from judges. Houses of Congress and ever more deter- Every lawyer—and this body is chock The PRESIDING OFFICER (Mr. SES- mined to pack the Federal courts with activ- full of lawyers—knows that cases are SIONS). Under the previous order, the ist allies, to turn the independent judiciary decided on the basis of the facts and hour of 12:30 having arrived, the Senate into a political judiciary. the law, not—in a court of law, at will stand in recess until 2:15 p.m. Mr. President, if either one of those least—on the basis of a political per- Thereupon, at 12:37 p.m., the Senate statements were true, if I believed suasion or an ideological position. Of recessed until 2:15 p.m., and reassem- those accusations were supported by course, Mr. Estrada is well within his bled when called to order by the Pre- the evidence, I would not support this rights to say, I am not going to pre- siding Officer (Mr. VOINOVICH). nomination, nor would, I believe, any judge a case because I do not know ex- f Senator, Republican or Democrat, sup- actly how the facts may come before port this nomination. But I believe NOMINATION OF MIGUEL A. me; I do not know how the jury may more than anything else that sort of ESTRADA, OF VIRGINIA, TO BE decide the facts, and therefore I cannot rhetoric, unsubstantiated in fact, is UNITED STATES CIRCUIT JUDGE tell you how the law may apply to that proof positive this confirmation proc- particular set of facts on a case-by-case FOR THE DISTRICT OF COLUM- ess is broken. And I say enough is basis. BIA CIRCUIT—Resumed enough. Under our system of government, The PRESIDING OFFICER. The Sen- Opponents of Miguel Estrada’s con- judges hold a very different job from ator from Texas is recognized. firmation claim he has an inadequate that held by a member of the legisla- Mr. CORNYN. Mr. President, I have record. They claim he has little rel- ture or even the President, a member listened with great interest, and even evant practical experience. They claim of the executive branch. Judges, if they great concern, to the debate that has because he would not engage with them are going to be true to their oath, if taken place in this Chamber on the in a debating tactic, asking him wheth- they are going to interpret the law, not issue of Miguel Estrada’s nomination er there is any Supreme Court decision make law, are bound by what this body to serve on the DC Circuit Court of Ap- with which he disagreed, and finally, says the law should be when we pass a peals, and I feel impelled to stand and they claim that he has not clearly stat- bill or the President signs a bill into explain the reasons why I think not ed his judicial philosophy. law, by the Constitution, and by prece- only Miguel Estrada deserves con- In my remarks over these next few dents; that is, earlier decisions made firmation by this body—indeed, he de- minutes, I hope to address each one of by high court. VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2145 Any judge who presumes to take on of your career. That is the highlight of ingness to put his hand on the Bible the role of a lawmaker is, I submit, a your legal experience, and to do it 15 and take an oath and abide by that in lawbreaker. A judge should not be a times, it is as if he had Super Bowl performing the job of a judge are all politician campaigning for confirma- rings on every finger of both hands, being called into question.