[Congressional Record Volume 142, Number 52 (Monday, April 22, 1996)]
[Senate]
[Page S3766]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    NOMINATION OF CHARLES STACK TO ELEVENTH CIRCUIT COURT OF APPEALS

  Mr. DOLE. Last Friday, I outlined some of my views on the issue of 
judicial nominations, one of the most lasting legacies of any 
President. I said that Federal judges should respect the clear language 
of the Constitution as it is written; that judges should understand 
that society is not to blame for crime, criminals are; that judges 
should protect the rights of crime victims, not invent new and more 
expansive rights for criminal defendants.
  Today, let me make another point: Those who seek to sit on the 
Federal bench should be well-grounded in the basics of constitutional 
law. Unfortunately, Charles ``Bud'' Stack, one of President Clinton's 
nominees to the Eleventh Circuit Court of Appeals, does not meet this 
standard.
  During his recent confirmation hearing, Mr. Stack was unable to cite 
any fourth amendment case concerning the law of search and seizure. He 
demonstrated little knowledge about Supreme Court precedent on capital 
punishment. And despite the Supreme Court's highly publicized decision 
in the Adarand case, Mr. Stack was unable to discuss any Supreme Court 
or Federal case concerning discrimination or affirmative action.
  When asked how he would remedy his own ignorance of key aspects of 
the law, Mr. Stack said he ``Could attend some courses'' or ask other 
judges for help.
  Yet Mr. Stack has been nominated to sit on one of the Nation's most 
influential judicial panels, the court that effectively serves as the 
court of last resort for the citizens of Florida, Georgia, and Alabama.
  Apparently, Mr. Stack's most important qualification is his prowess 
as a political fundraiser. According to news reports, administration 
aides had discussed offering Mr. Stack an ambassadorship and a seat on 
the Federal district court as a reward for his rundrasing efforts, but 
that Mr. Stack had his heart set on a court of appeals position.
  Mr. President, I understand that Mr. Stack raised millions and 
millions of dollars for President Clinton and the Democratic Party, but 
does that qualify him to be on the next highest court in the land? I do 
not think so. That is not what the judicial system is all about.
  Mr. President, I understand that the American Bar Association has 
given Mr. Stack a qualified rating, but in my judgment, this rating is 
yet another example of why we should not rely on the ABA to review the 
qualifications of our judicial nominees.
  Although I do not know Mr. Stack personally, I have no reason to 
challenge his integrity. I am sure he is a fine man who has contributed 
much to his community and to his country. But that is not the point. 
The question we must ask is whether Mr. Stack is, in fact, qualified to 
sit on the Eleventh Circuit Court of Appeals, the second highest court 
in the land? The answer, or course, is, ``No.'' President Clinton 
should withdraw the Stack nomination without delay.
  Mr. KENNEDY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Massachusetts.

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