[Congressional Record Volume 144, Number 37 (Friday, March 27, 1998)]
[Senate]
[Pages S2695-S2696]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




THE NOMINATION OF MARGARET McKEOWN AND THE JUDICIAL EMERGENCY AMONG THE 
                       FEDERAL COURTS OF APPEALS

  Mr. LEAHY. Mr. President, let me speak a little bit about Margaret 
McKeown. She was reported favorably by the Judiciary Committee on a 
vote of 16 to 2. She has the support of Chairman Hatch, a number of 
Republican Senators, is supported by both Senators from her State. Why 
this was held up for 2 years, I cannot understand. And then she is 
confirmed 80 to 11. How many of us have ever won an election with those 
kinds of percentages? Yet, apparently somebody held her up for 2 years 
because she was supposed to be controversial. How controversial is 80 
to 11? Those are pretty good numbers. Perhaps her secret critics will 
explain their views, the reason she has been held up for 2 years.
  I have been urging action on judicial nominees for many months. This 
week, faced with 5 continuing vacancies on a 13-member court, Chief 
Judge Winter of the United States Court of Appeals for the Second 
Circuit certified a ``judicial emergency'' and took the unprecedented 
step of authorizing panels including only one Second Circuit judge and 
two visiting judges. In addition he has had to cancel hearings.
  The Judiciary Committee has reported to the Senate the nomination of 
Judge Sonia Sotomayor to the Second Circuit, but that nomination 
continues to sit on the Senate calendar. This is another woman who has 
sat here and had to wait and wait and wait, while the Senate holds her 
up. Her nomination was received back in June 1997. She was finally 
favorably reported by a committee vote of 16 to 2--pretty good odds. 
She is strongly supported by both New York Senators, one Republican, 
one Democrat. But the nomination continues to languish without 
consideration. And three more Second Circuit nominees are pending 
before the Judiciary Committee, and await their confirmation hearings.

  I mention the Second Circuit because that is my Circuit. It is the 
Circuit to which my State resides. I have been urging action on the 
nominees for this Circuit for many months. The Senate is failing in its 
obligations to the people of the Second Circuit--to the people of New 
York, Connecticut and Vermont. We should call an end to this stall and 
take action. We should consider the nomination of Judge Sotomayor. We 
should do it today. We should hold hearings on the three other Second 
Circuit nominees next week and confirm them before the upcoming recess. 
Our delay is inflicting harm and giving proof to the warning that the 
Chief Justice of the U.S. Supreme Court gave in his 1997 Year End 
Report that continuing vacancies would harm the administration of 
justice. I urge the Republican leadership to proceed now.
  Earlier this week, the distinguished majority leader indicated that 
he feels he has proceeded too quickly with respect to judicial 
nominations. I strongly disagree. No reference to the number of judges 
the Senate has begrudgingly confirmed over the past 2 years excuses the 
delay on any of the nominees pending on the Senate Calendar. There is 
no excuse or justification for the judicial emergency the Senate is 
inflicting on the Second Circuit.
  The distinguished majority leader says there is no clamor for Federal 
judges. I recognize that there are no vacancies on the Federal bench in 
Mississippi, but there are numerous, longstanding vacancies in other 
places, vacancies that are harming the Federal administration of 
justice.
  The people and businesses in the Second Circuit and other circuits 
and districts need additional Federal judges. Indeed, the Judicial 
Conference of the United States recommends that in addition to the 
almost 80 vacancies that need to be filled, the Congress authorize an 
additional 55 judgeships throughout the country, as set forth in S.678, 
the Federal Judgeship Act that I introduced last year.
  Must we wait for the administration of justice to disintegrate 
further before the Senate will take this crisis seriously and act on 
the judicial nominees pending before us? I hope not.
  We are sworn to uphold the Constitution, we are sworn to uphold the 
laws,

[[Page S2696]]

and we are paid pretty well to do that. We are failing our oath and we 
are failing the job the taxpayers of this country pay us to do.

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