[Congressional Record Volume 142, Number 141 (Thursday, October 3, 1996)]
[Senate]
[Pages S12289-S12290]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               SENATE ACTION ON CONFIRMING FEDERAL JUDGES

  Mr. BIDEN. I'm glad that I have been able to work closely with my 
Republican colleagues in a spirit of cooperation on a number of 
important issues that have come before the Senate this year.
  I must say, however, I am disappointed this bipartisan spirit has not 
allowed us to confirm seven judicial nominations remaining on the 
calendar--all well-qualified people who have had hearings and were 
reported favorably by the Judiciary Committee.
  I think that we should stop, right now, and talk about what's going 
on here.
  No one understands better than I the heat that can be generated over 
judges in an election year. But let me set the Record straight--
absolutely straight: The Senate, under Democratic leadership, 
faithfully confirmed Republican Judges in Presidential election years.
  All year, Republicans have been offering assurances that the Senate 
would continue this bipartisan approach and put judges through.
  But today, it has become crystal clear that the bipartisan spirit of 
the past has been broken. And let's tell it like it is: My Republican 
colleagues have decided to grind confirmations to a halt as we head 
toward the coming Presidential election.
  Currently, there are 63 vacancies on the Federal bench.
  This year, the Judiciary Committee has held only 5 nominations 
hearings, and reported out only 23 nominees to fill these vacancies. We 
should have done more.
  The Judicial Nominees who were fortunate enough to pass through the 
committee this session have been further held up here on the floor.
  Not one judge was confirmed before July 10 this year and none have 
been confirmed since August 2.
  As a result, the Senate has confirmed only 17 district judges and no 
circuit judges this session. Seven nominees are currently pending on 
the floor--three for the district courts and four for the circuit 
courts.
  Some have suggested that shutting down the confirmation process is 
par for the course in an election year. They are wrong. And let me set 
the record straight.
  George Bush made nearly one-third of his 253 judicial nominations in 
1992, a Presidential election year. As chairman of the Judiciary 
Committee, I held 15 nominations hearings that year, including 3 in 
July, 2 in August, and 1 in September.
  In 1992--the last Presidential election year--the Senate continued to 
confirm judges through the waning days of the 102d Congress. We even 
confirmed seven judges on October 8--the last day of the second 
session.
  As a result, the Senate confirmed all 66 nominees the Judiciary 
Committee reported out that year--55 for the District courts and 11 for 
the circuit courts. Let me repeat: This session, only 17 district 
judges have been confirmed and no circuit judges have been confirmed.
  And let me say: 1992 was not an off year. To the contrary: It 
represented the Senate's practices over the last decade:
  In 1988--an election year--we conformed 42 district and circuit court 
nominees, including 12 judges confirmed in October that year.
  In 1984--an election year--we confirmed 43 nominees, including 13 
judges in October.
  And in 1980--an election year--we confirmed 64 nominees, including 10 
judges on September 29.
  Overall, during the past 16 years, since 1980, the Senate has 
confirmed an average of 51 nominees each year.
  Overall, during the last 4 election years, the Senate has done even 
better, confirming an average of 54 nominees each year.
  Let me repeat: our track record this session: The Senate has only 
confirmed 17 judges.
  The Senate has been dragging its feet despite the undeniable fact 
that these judges are badly needed. The Federal

[[Page S12290]]

trial and appellate courts to which we confirm judges apply our Federal 
laws. Without a steady supply of judges, these courts cannot enforce 
our laws.
  Right now, 12 of the Nation's 94 Federal judicial districts and 5 of 
the 12 circuit courts have judicial emergency vacancies--that's what 
the Judicial Conference of the United States calls vacancies that have 
existed for 18 months or more.
  These emergency districts had an average of 635 criminal case filings 
in 1995--almost twice the national average of 355 filings. There 
average backlog of 4,153 cases exceeds the national average of 2,853 
cases by 46 percent--1,300 cases.
  The President has nominated judges for 15 of the 17 emergency courts. 
Three have received hearings and await a committee vote, three more are 
bottled up on the floor.
  This is not the way we should be doing business here--and this is 
most certainly not business as usual as far as I'm concerned.
  We should put a stop to the politics, and confirm these judges today.

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