[Congressional Record Volume 144, Number 59 (Tuesday, May 12, 1998)]
[Senate]
[Pages S4709-S4710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         THE EXECUTIVE CALENDAR

  Mr. LEAHY. Mr. President, I was just thinking, while we are all here, 
I know we continue to have a number of names on the Executive Calendar 
on nominations, and we have, let's see, nine judges, all of whom have 
been voted out of the Judiciary Committee, I think in most cases 
unanimously. We have close to 100 vacancies in the Federal judiciary. 
Among those who are on here is Sonia Sotomayor of the second circuit. 
This has been out for some time now. She has been before the Senate for 
a couple of years now, I believe. This is a circuit where the Chief 
Judge has declared a judicial emergency. I believe it is the first time 
a circuit court has declared a judicial emergency, I think maybe the 
first time in history that they have done that.
  But what that means is that if you go before the second circuit, you 
don't even have a panel made up of second circuit judges. You have one 
second circuit court of appeals judge and two visiting judges. And yet 
we have two nominees for the second circuit on the Executive Calendar, 
both of whom could be voted on in the next 5 minutes--they went out of 
the Judiciary Committee very easily--and it would stop this judicial 
emergency.
  The reason I mention this, Mr. President, is that with 100 vacancies 
in the Federal judiciary, nearly 100 vacancies, we are finding around 
the country that prosecutors have to lower charges; they have to nol-
pros cases; they have

[[Page S4710]]

to plea bargain because they cannot give a speedy trial. So the police 
go through all the work, the Federal agencies and everybody, to 
apprehend somebody, and then because we can't guarantee a speedy trial 
because there are so many vacancies in the Federal court, somebody who 
has been charged with a crime suddenly sees their charge lowered. If 
you are a taxpayer and you pay the bill, as we all are for these 
courts, and you have a case, a civil case, you cannot get it heard for 
sometimes 2, 3, 4, 5 years. Justice delayed is justice denied. I 
mention this, Mr. President; I certainly, and I understand everybody on 
this side of the aisle, would be ready to go ahead and vote up or down 
every one of these nine judges right now and clear this up.
  Mr. FORD. Mr. President, will the Senator yield for a question?
  Mr. LEAHY. I yield without losing my right to the floor. Of course, I 
yield to the distinguished Senator from Kentucky.
  Mr. FORD. When the Senator said we had other nominees, and he only 
listed the judicial, there are other nominees on the Executive Calendar 
who have no reason to be held. For instance, we have a woman who has 
been serving for 4 years on the Uranium Enrichment Corporation. She 
came before the Energy Committee on February 11. She was given the 
greatest of accolades for the tremendous job she had done, and she is 
caught up in the holds on everything else. And now 90 days have passed 
since she was unanimously reported out of the Energy Committee.
  The Uranium Enrichment Corporation is about to privatize. There is $2 
billion, approximately, in this budget that will have to be voted on by 
that particular individual. They said--the ``they'' being the 
majority--let her have a contract, just a consultant's contract. And 
that means she can sit there and listen but cannot say a word or cast a 
vote. We are about ready to close the deal.

  So not only do we have the judicial problem, we have other 
nominations that are vitally important to my State and the State of 
Ohio of which we have a vital interest. I want to encourage the 
Senator. I am about to make a unanimous consent request that we bring 
Margaret Greene up so we might try to do something here to get her 
moving and on the board so she can continue to make decisions and do 
the good work she has been complimented for by the Energy Committee. So 
I thank the Senator.
  Mr. LEAHY. If I might say to my friend from Kentucky, the irony is 
that Margaret Hornbeck Greene, if there was to be a vote on her, would 
get every vote in this place. So instead, what you have is somebody in 
the back recesses of a cloakroom somewhere holding this woman up, as 
are a whole lot of other women on this list being held up by people who 
say, ``We won't vote on these women. We just won't let them come to a 
vote.''
  Nobody is going to vote them down. They are all going to be 
confirmed, if we have a vote. But these women are all being held up by 
somebody who will not come in the Chamber and say who it is holding 
them up. But just do it. Frankly, I would like to see all of these 
people--the committees have passed on them. The committees have given 
them, in most cases, unanimous recommendations and some overwhelming 
recommendations.
  Let the Senate work its will. I think it is wrong to hold them up but 
especially in the courts. The courts now face an enormous problem. 
People are declining appointments to the Federal judiciary because they 
say they are not going to sit around for 2 or 3 years while their law 
practices fall apart waiting for the Senate to do what we are paid to 
do.
  We have, as I said earlier, in the second circuit, my own circuit, a 
judicial emergency, the first time ever, and yet we have two second 
circuit court of appeals judges voted out of the committee sitting on 
the calendar and cannot be voted upon. It is wrong, Mr. President, for 
the Senate to try to diminish the Federal bench.
  One of the most important parts of our democracy is the fact that we 
have an independent judiciary. No other nation on Earth has the ability 
to appoint to a judiciary, handling as complex and varied items as ours 
does, and still retain its independence. Some, I am afraid to say, on 
the other side of the aisle and in the other body feel that we must 
start intimidating these judges--their words, that we must start 
holding up these judges--their words.
  That is wrong. This democracy is maintained and is able to remain a 
democracy, even though it is the most powerful nation on Earth, because 
of an independent judiciary. We hurt all Americans. We hurt the 
criminal justice system; we allow people to escape for their misdeeds 
if we do not have the judges there to try the cases. And if you are a 
private litigant, you cannot be heard. Even though you pay the taxes, 
you pay the bills, you cannot be heard because the judges are not 
there.
  I see the distinguished senior Senator from Arizona in the Chamber. I 
know he is seeking recognition.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. I would like to thank the Senator from Vermont for his 
courtesy. I know he is addressing a very important issue and I 
appreciate his forbearance while I propound a unanimous consent 
request.

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