[Congressional Record Volume 144, Number 96 (Friday, July 17, 1998)]
[Senate]
[Pages S8477-S8478]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     DELAY IN SENATE ACTION ON JUDGE SOTOMAYOR AND OTHER JUDICIAL 
                              NOMINATIONS

  Mr. LEAHY. Mr. President, I welcome the recent statement of the 
distinguished Senior Senator from New York on the nomination of Judge 
Sonia Sotomayor last Friday, July 10. I have been concerned for several 
months that consideration of this nomination was being unnecessarily 
delayed. I am encouraged that Senator Moynihan's evaluation of this 
judicial nomination for the longstanding vacancy in the Second Circuit 
is similar to mine.
  I know that the Senator from New York support this nomination and 
recall his statement of support to the Judiciary Committee at her 
hearing back in September 1997, almost 10 months ago.
  I appreciated his joining with me and all the Senators from States 
within the Second Circuit when we wrote to the Majority Leader on April 
9, 1998 urging ``prompt and favorable action on the nomination of Judge 
Sonia Sotomayor.'' We noted then the extraordinary action that had to 
be taken by the Chief Judge of our Circuit due to the vacancies crisis 
plaguing the Circuit. Since March 23, he has had to cancel hearings and 
proceed with 3-judge appellate panel that contain only one Second 
Circuit judge. Indeed, Chief Judge Winter has had to issue such orders 
in connection with matters heard this week.
  Judge Sonia Sotomayor is a well-qualified nominee. She was reportedly 
being held up by someone on the Republican side of the aisle because of 
speculation that she might be nominated this month by President Clinton 
to the United States Supreme Court. Last month a column in The Wall 
Street Journal discussed this secret basis for the Republican hold 
against this fine judge. The Journal revealed that this delay was 
intended to ensure that Sonia Sotomayor was not nominated to the 
Supreme Court. That was confirmed by a report in The New York Times on 
June 13.
  How disturbing and how shameful. I am offended by this anonymous 
effort to oppose her prompt confirmation by stealth tactics. Here is a 
highly-qualified Hispanic woman judge who should have been confirmed to 
help end the crisis in the Second Circuit more than four months ago.
  Judge Sotomayor rose from a housing project in the Bronx to 
Princeton, Yale and a federal court appointment by President Bush. She 
is strongly supported by the Senator from New York and has had 
bipartisan support.
  The excuse that had been used to delay consideration of her 
nomination has been removed. Perhaps now that the Supreme Court term 
has ended and Justice Stevens has not resigned, the Senate will proceed 
to consider Judge Sotomayor's nomination to the Second Circuit on its 
merits and confirm her without additional, unnecessary delay. There is 
no vacancy on the Supreme Court. The nominee has been held hostage over 
four months on the Senate calendar. It is past time to consider and 
confirm this nomination to fill a judicial emergency vacancy on the 
Second Circuit.
  Unfortunately, this past weekend the Republican Leader of the United 
States Senate indicated on television that he has decided to move all 
nominations to the ``back burner.'' A spokesperson for the Republican 
Leader indicated that the Senate will not be considering any more 
nominations this year. That is wrong. I hope that the Republican 
leadership of the Senate will reverse itself and proceed to consider 
the nomination of Judge Sotomayor and those of all 10 judicial 
nominations now stalled on the Senate calendar.
  In his annual report on the judiciary this year on New Year's Day, 
the Chief Justice of the United States Supreme Court observed: ``Some 
current nominees have been waiting a considerable time for a Senate 
Judiciary Committee vote or a final floor vote. The Senate confirmed 
only 17 judges in 1996 and 36 in 1997, well under the 101 judges it 
confirmed in 1994.'' He went on to note: ``The Senate is surely under 
no obligation to confirm any particular nominee, but after the 
necessary time for inquiry it should vote him up or vote him down.'' I 
would add vote her up or vote her down.
  Acting to fill judicial vacancies is a constitutional duty that the 
Senate--and all of its members--are obligated to fulfill. In its 
unprecedented slowdown in the handling of nominees in the 104th and 
105th Congresses, the Senate is shirking its duty. This is wrong and 
should end.

[[Page S8478]]

  Today is the anniversary of the Judiciary Act of 1789. Pursuant to 
its constitutional responsibilities, the Senate gave meaning to the 
provisions of article III of our Constitution and established the lower 
federal courts as a means to implement the exercise of the judicial 
power of the United States. That was an historic act and created the 
foundation for our federal court system. The Senate was led in that 
effort by a Senator from what is now the Second Circuit, Senator Oliver 
Ellsworth of Connecticut.
  Likewise, when the Senate established the Judiciary Committee 27 
years later, it was first chaired by a Senator from the Second Circuit, 
Senator Dudley Chase of Vermont.
  It is sadly ironic that on this the 209th anniversary of the 
Judiciary Act of 1789, when the Second Circuit needs the Senate's help, 
the Senate majority is, instead, holding off taking action on a 
qualified nominee without explanation or justification.
  The Senate should consider the nomination of Judge Sonia Sotomayor to 
the Second Circuit without further delay.

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