[Congressional Record Volume 143, Number 146 (Monday, October 27, 1997)]
[Senate]
[Page S11233]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CONFIRMATION OF ALGENON L. MARBLEY FOR THE SOUTHERN DISTRICT OF OHIO

  Mr. LEAHY. Mr. President, I am delighted that the majority leader has 
decided to take up this nomination. Mr. Marbley and his family deserve 
a great deal of praise for this accomplishment.
  Algenon Marbley is currently a partner in the law firm of Vorys, 
Sater, Seymour & Pease in Columbus, OH. He has served as an instructor 
for the National Institute of Trial Advocacy and is the chairman of the 
Trial Advocacy Committee of the Columbus Bar Association. He is an 
active volunteer for several organizations, including the Big Brothers/
Big Sisters Association of Columbus.
  I sincerely congratulate Mr. Marbley and his family on this 
accomplishment and look forward to his service as a U.S. district judge 
for the Southern District of Ohio.
  The U.S. Senate, however, does not deserve an enormous amount of 
credit in this area. This is only the 22d judicial confirmation in a 
year in which we have seen 115 judicial vacancies. Just think of that, 
Mr. President, 115 judicial vacancies and the Senate has only seen fit 
to confirm 22 judicial nominees sent by the President. More than 50 
additional nominees remain somehow hidden before the Senate and before 
the Judiciary Committee with no action.
  Six outstanding nominees remain pending on the Senate calendar, ready 
for Senate approval. Margaret Morrow has been awaiting Senate action 
since June 12. Christina Snyder has been ready for the Senate to 
exercise its advise and consent function since September. They are 
being passed over, again.
  The Senate is not even keeping pace with attrition. Since the 
adjournment of Congress last October, judicial vacancies have actually 
increased by almost 50 percent and currently number more than 93.
  Forty-six judicial nominees remain pending before the Judiciary 
Committee. Although the committee has yet to hold a judicial 
confirmation hearing this month, I am pleased to see that Senator Hatch 
has noticed a hearing for tomorrow and another for Wednesday afternoon 
to try to reduce the backlog of nominees awaiting action by the 
committee. I hope that the committee will move promptly after those 
hearings to report those nominees to the Senate and that the Senate 
will proceed to confirm them before adjournment this year.
  From the first day of this session of Congress, the Judiciary 
Committee has never worked through its backlog of nominees and has 
never had fewer than 20 judicial nominees awaiting hearings. Two 
hearings in September combined with those planned for this week will 
not eliminate the backlog, but represent movement in the right 
direction.
  Mr. President, I want Senators to know about another development 
that, unfortunately, is not intended to help end the partisan stall on 
judicial confirmations. I have just learned recently that a $1.4 
million fundraising and lobbying effort is underway to try to 
perpetuate the judicial vacancy crisis and continue the partisan and 
ideological stall of Senate consideration of much-needed judges. I 
understand this solicitation for big bucks includes the solicitation of 
big donors with promises of ``intimate dinners'' with ``leading 
conservative elected and public figures closely involved with the 
judicial confirmation process'' and that Senators--incumbent Senators--
appear on videotape being used as an integral part of this fundraising 
effort. This is apparently a solicitation for money to help block the 
Senate from doing its duty to vote on confirmations, in part by 
promising access for people who send in big money.
  Those pressing this effort complain about what they see as ``the 
failure of the U.S. Senate to block'' the appointment of judges to the 
Federal bench. The American people, litigants, prosecutors, and judges, 
Republicans and Democrats alike, have just the opposite complaint--that 
the perpetuation of judicial vacancies is affecting the administration 
of justice and rendering our laws empty promises.

  It is sad that this effort is premised on the slanted portrayal of 
decisions, many of which were decided by judges appointed by President 
Bush. I have spoken before about the dangers of characterizing isolated 
decisions to stir up anger against the judiciary just so that somebody 
can get short-term monetary and political gain. It is not worth the 
price to try to destroy one of our independent branches of Government 
and the most independent and effective judiciary in the world.
  This fundraising campaign seems to extend back over the course of the 
year, but it has only become public with reports in the Los Angeles 
Times and New York Times over the weekend.
  Those who delight in taking credit for having killed judicial 
nominees last year continue their misguided efforts to the detriment of 
effective law enforcement and civil justice.
  Now, any Senator can vote against any judicial nominee. They have 
that right. But I urge them to stand up on the floor of the Senate, 
where the public knows who they are and where they are, and either vote 
for or against people. It is not only disingenuous, but I think it is 
detrimental to our system of justice, and it is a true distortion of 
what we pledge to do in upholding the Constitution when some block 
judges by anonymous holds. And then we find that the reason for doing 
that is in connection with a fundraising and lobbying campaign in which 
letters were sent out by some group saying, in effect, that if you send 
this money, we will block judges and we will arrange for you to meet 
privately with leading elected officials.
  That is wrong. That is wrong, Mr. President. It is unprecedented in 
the 23 years that I have been in the Senate. Nothing like this has ever 
been allowed by any of the leaders of the Senate--not by Senator 
Mansfield, not by Senator Byrd, not by Senator Baker, not by Senator 
Dole, and not by Senator Mitchell. It should not be allowed now. It is 
wrong, and it undermines the very credibility of the U.S. Senate, and 
it demeans the U.S. Senate; but, even more importantly, it is 
destructive of the independence of the judiciary.
  I yield the floor.
  Mr. BREAUX addressed the Chair
  The PRESIDING OFFICER. The Senator from Louisiana is recognized.

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