[Congressional Record Volume 142, Number 59 (Thursday, May 2, 1996)]
[Senate]
[Page S4650]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PRESIDENTIAL NOMINATIONS

  Mr. PRYOR. Once again I should have been here a few moments ago 
because it was my understanding that one of my colleagues, and perhaps 
even the majority leader himself, made some reference to the 
appointment of judges by President Clinton.
  Mr. DOLE. Not today.
  Mr. PRYOR. I did not hear the majority leader.
  Mr. DOLE. I did not make any reference today to the appointment of 
judges, but I did make a reference to the fact that judges in the 
second and ninth circuits have been reaching for some way to find a 
constitutional right to die, and I thought that should be decided by 
the legislative branch.
  Mr. PRYOR. I see. Notwithstanding the majority leader's assurances 
that he has not talked about President Clinton's appointments to the 
bench, Mr. President, I think the record should fairly reflect what the 
facts are about this. I really appreciate the majority leader yielding 
to me for a moment.
  The appointments of President Clinton's judges--in fact, almost two-
thirds of President Clinton's judicial appointments--have received the 
American Bar Association's highest rating: ``Well qualified,'' the 
highest percentage of any of his three predecessors.
  Second, U.S. News and World Report is saying with regard to President 
Clinton's appointments to the bench, and I quote, ``Centrism is 
carrying the day.''
  Third, even Senator Hatch, our colleague and friend from Utah, our 
distinguished chairman of the Senate Committee on the Judiciary, has as 
recently as August 3, 1995, Mr. President, stated at a confirmation 
hearing, and I quote:

       I wish to compliment the administration for the type of 
     people they are sending to us. It is making our job much 
     easier.

  That is a direct quote from the distinguished chairman of the 
Judiciary Committee, Senator Orrin Hatch of Utah. Only two more 
comments, because I know the distinguished majority leader may be 
needing to get on.
  Only 3--only 3--of the 185 judges in the lower Federal court 
appointed by President Clinton have been even the subject of contested 
votes. They did not even have a vote--only three have been subjected to 
a contested vote in the Judiciary Committee or in this Chamber. I think 
this is a remarkable record.
  Finally, Mr. President, let me say that the Senate has approved 
unanimously with the consent of all Republicans 182 of 185 lower court 
Federal judges President Clinton has nominated and were ultimately 
approved for the bench.
  So I think from time to time it is necessary for us to put the facts 
out in the Record, and I am very, very grateful for the understanding 
and the opportunity the majority leader has given me to make this 
record.
  Mr. President, I yield the floor.
  Mr. DOLE. Mr. President, I appreciate that. I would only say the fact 
that they got the highest rating by the American Bar Association 
worries me even more. It is nothing but a liberal advocacy group, and 
that should indicate what kind of judges are being given these very 
high ratings. The more liberal you are, the higher rating you get from 
the American Bar Association.
  It is customary, it has been in Democratic and Republican 
administrations, to honor a President's nominees unless there was some 
reason--sometimes you do not know until after they have, in this case, 
been on the bench and made a few rulings to see precisely which 
direction they can go, but we will be happy to accommodate the Senator 
from Arkansas if he would like to have all these contested in the 
future. I do not know how many judicial nominees are on the calendar 
now.

  So I would just say, obviously, the President has a right to appoint 
the judges that he believes more or less follow his philosophy and 
others would have the right to appoint those who follow their 
philosophy. That debate will probably continue.

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