[Congressional Record Volume 144, Number 66 (Thursday, May 21, 1998)]
[Senate]
[Pages S5352-S5353]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        CONTINUING JUDICIAL VACANCY CRISIS IN THE SECOND CIRCUIT

 Mr. LEAHY. Mr. President, the Senate's Republican leadership 
is refusing to take action to end the judicial emergency in the United 
States Court of Appeals for the Second Circuit.
  On March 25, the five continuing vacancies on the 13-member court 
caused Chief Judge Ralph Winter to certify a Circuit emergency, to 
begin canceling hearings and to take the unprecedented step of having 
3-judge panels convened that include only one Second Circuit judge. On 
April 23, Chief Judge Winter was forced to issue additional emergency 
orders. For two months and into the foreseeable future the Senate has 
neglected its responsibility to the people of the Second Circuit.
  I have been urging favorable Senate action on the nomination of Judge 
Sonia Sotomayor to the Second Circuit to fill a longstanding vacancy 
for many months. That nomination remains stalled on the Senate 
calendar. Two weeks ago the nomination of Chester J. Straub to the 
Second Circuit was favorably reported by the Judiciary Committee. That 
nomination is now also on the Senate calendar awaiting action. Today, 
the Senate Judiciary Committee is favorably reporting two additional 
nominees to the Second Circuit, Judge Rosemary Pooler and Robert Sack. 
That makes four nominees to the Second Circuit awaiting confirmation, 
four nominees who can end the judicial vacancies crisis that plagues 
the Second Circuit. But for the inaction of the Majority Leader in 
calling for votes by the Senate on this qualified nominees, the crisis 
could end this week. I, again, urge that action.
  Before the last recess I introduced legislation calling upon the 
Senate to address this kind of judicial emergency before it takes 
another extended recess. The Senate has pending before it four 
outstanding nominees to the Second Circuit whose confirmations would 
end this crisis.
  Unfortunately Republican Senate leadership has not taken the judicial 
vacancies crisis seriously and has failed to take the concerted action 
needed to end it. They continue to perpetuate vacancies in almost one 
in 10 federal judgeships.
  With 11 nominees on the Senate calendar and 32 pending in Committee, 
we could be making a difference if we would take our responsibilities 
to the federal courts seriously and devote the time necessary to 
consider these nominations and confirm them. Instead, we are having 
hearings at a rate on one a month, barely keeping up with attrition and 
hardly making a dent in the vacancies crisis that the Chief Justice of 
the United States has called the most serious problem confronting the 
judiciary.
  By a vote of 16 to 2, the Judiciary Committee reported the nomination 
of Judge Sonia Sotomayor to the Senate. That was on March 5, 1998, over 
two months ago. No action has been taken or scheduled on that 
nomination and no explanation for the delay has been forthcoming. This 
is the oldest judicial nomination pending on the Senate Executive 
Calendar. In spite of an April 8 letter to the Senate Republican Leader 
signed by all six Senators from the three States forming the Second 
Circuit urging prompt action, this nomination continues to be stalled 
by anonymous objections. Our bipartisan letter to the Majority Leader 
asked that he call up for prompt consideration by the Senate the 
nomination of Judge Sonia Sotomayor. That was over one month ago.

  Judge Sonia Sotomayor is a qualified nominee who was confirmed to the 
United States District Court for the Southern District of New York in 
1992 after being nominated by President Bush. She attended Princeton 
University and Yale Law School. She worked for over four years in the 
New York District Attorney's Office as an Assistant District Attorney 
and was in private practice with Pavia & Harcourt in New York. She is 
strongly support by Senator Moynihan and Senator D'Amato.
  She is a source of pride to Puerto Rican and other Hispanic 
supporters and to women. When confirmed she will be only the second 
woman and second judge of Puerto Rican descent to serve on the Second 
Circuit.
  Judge Rosemary Pooler was nominated back on November 6, 1997, as was 
Robert Sack, a partner in the law firm of Gibson Dunn & Crutcher. They 
participated in a confirmation hearing on May 14 and were reported to 
the Senate by the Judiciary Committee today.
  Since May 7 the fourth pending nomination to the Second Circuit, that 
of Chester J. Straub, has also been on the

[[Page S5353]]

Senate calendar. Mr. Straub is a partner in the law firm of Willkie 
Farr & Gallagher.
  Judge Sotomayor, Judge Pooler, Robert Sack and Chester Straub can and 
should all be confirmed to the Second Circuit before the Senate 
adjourns for its Memorial Day recess.
  In his most recent Report on the Judiciary the Chief Justice of the 
United States Supreme Court warned that persisting vacancies would harm 
the administration of justice. The Chief Justice of the United States 
Supreme Court pointedly declared: ``Vacancies cannot remain at such 
high levels indefinitely without eroding the quality of justice that 
traditionally has been associated with the federal judiciary.''
  The people and businesses in the Second Circuit need additional 
federal judges confirmed by the Senate. Indeed, the Judicial Conference 
of the United States recommends that in addition to the 5 vacancies, 
the Second Circuit be allocated an additional 2 judgeships to handle 
its workload. The Second Circuit is suffering harm from Senate 
inaction. That is why the Chief Judge of the Second Circuit had to 
declare the Circuit in a state of emergency.
  Must we wait for the administration of justice to disintegrate 
further before the Senate will take this crisis seriously and act on 
the nominees pending before it? I pray not.

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