[Congressional Record Volume 143, Number 37 (Thursday, March 20, 1997)]
[Senate]
[Page S2728]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     NOMINATION OF MERRICK GARLAND

 Mr. FAIRCLOTH. Mr. President, yesterday I voted ``no'' on the 
nomination of Merrick Garland to the U.S. Court of Appeals for the 
District of Columbia Circuit.
  In so voting, I take no position on the personal qualifications of 
Mr. Garland to be a Federal appeals court judge. What I do take a 
position on is that the vacant 12th seat on the U.S. Court of Appeals 
for the District of Columbia Circuit does not need to be filled. 
Senator Chuck Grassley, chairman of the Senate Judiciary Committee's 
Subcommittee on Administrative Oversight and the Courts, has examined 
this issue thoroughly, and has determined that the court's workload 
does not justify the existence of the 12th seat. Last Congress, Senator 
Grassley introduced legislation to abolish this unneeded seat. By 
proceeding to renominate Mr. Garland, President Clinton has flatly 
ignored this uncontradicted factual record.
  I commend Senator Grassley for his important work on this matter, as 
well as Senator Jeff Sessions, who has also emphasized the importance 
of this matter. With the Federal deficit at an all time high, we should 
always be vigilant in looking for all opportunities to cut wasteful 
government spending; this is one such opportunity. After all, each 
unnecessary circuit judge and his or her staff cost the taxpayer at 
least $1 million a year.
  Lastly, our vote yesterday is an important precedent, since it marks 
the beginning of the Senate's new commitment to hold rollcall votes on 
all judicial nominees. This is a policy change which I had urged on my 
Republican colleagues by letter of January 8, 1997, to the Republican 
Conference. Voting on Federal judges, who serve for life and who exert 
dramatic--mostly unchecked--influence over society, should be one of 
the most important aspects of serving as a U.S. Senator. Rollcall votes 
will, I believe, impress upon the individual judge, the individual 
Senator, and the public the importance of just what we are voting on. I 
hope that my colleagues will regard this vote, and every vote they take 
on a Federal judge, as being among the most important votes they will 
ever take.

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