[Congressional Record Volume 145, Number 140 (Friday, October 15, 1999)]
[Senate]
[Pages S12689-S12690]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               IN THE AFTERMATH OF THE RONNIE WHITE VOTE

  Mr. LEAHY. Mr. President, this Chamber is where 50 years ago this 
month, in October 1949, the Senate confirmed President Truman's 
nomination of William Henry Hastie to the Court of Appeals for the 
Third Circuit, the first Senate confirmation of an African-American to 
our federal district courts and courts of appeal. Indeed, today is the 
50th anniversary of that historic event. This Senate is where some 30 
years ago the Senate confirmed President Johnson's nomination of 
Thurgood Marshall to the United States Supreme Court. And this is where 
last week, the Senate wrongfully rejected President Clinton's 
nomination of Justice Ronnie White. That vote made me doubt seriously 
whether this Senate, serving at the end of a half century of progress, 
would have voted to confirm Judge Hastie or Justice Marshall.
  For the first time in almost 50 years a nominee to a Federal district 
court was defeated by the United States Senate. There was no Senate 
debate that day on the nomination. There was no open discussion--just 
that which took place behind the closed doors of the Republican caucus 
lunch that led to the party line vote. On October 5, 1999, the Senate 
Republicans voted in lockstep to reject the nomination of Justice 
Ronnie White to the Federal court in Missouri.
  For many months I had been calling for a fair vote on the nomination, 
which had been delayed for 27 months. Instead, the country witnessed a 
partisan vote and a party line vote as the 54 Republican members of the 
Senate present that day all voted against confirming this highly 
qualified African-American jurist to the Federal bench.
  Tuesday of last week the Republican Senate caucus blocked 
confirmation of Justice Ronnie White. It is too late for the Senate to 
undo the harm done by that caucus vote, although I would hope that some 
who voted based on inaccurate characterizations of Justice White and 
his record would apologize to him. What the Senate can do and must do 
now is to make sure that partisan error is not repeated. The Senate 
should ensure that other minority and women candidates receive a fair 
vote. We can start with the nominations of Judge Richard Paez and 
Marsha Berzon, which have been held up far too long without Senate 
action. It is past time for the Senate to do the just thing, the 
honorable thing, and vote to confirm each of these highly qualified 
nominees.
  Likewise, we should be moving forward to consider the nomination of 
Judge Julio Fuentes to the Third Circuit. His nomination has already 
been pending for over seven months. He should get a hearing and prompt 
consideration. He should be accorded a fair up or down vote on his 
nomination before the Senate adjourns this year.
  The bipartisan Task Force on Judicial Selection of Citizens for 
Independent Courts recently recommended that the Senate complete its 
consideration of judicial nominations within 60 days. The Senate has 
already exceeded that time with respect to the nomination of Judge Ann 
Williams to the Seventh Circuit. When confirmed, she will be the first 
African-American to serve on that court. We should proceed on that 
nomination without further delay.
  Likewise, the Senate should be moving forward to consider 
the nomination of Judge James Wynn, Jr. to the Fourth Circuit. When 
confirmed, Judge

[[Page S12690]]

Wynn will be the first African-American to serve on the Fourth Circuit 
and will fill a judicial emergency vacancy. Fifty years has passed 
since the confirmation of Judge Hastie to the Third Circuit and still 
there has never been an African-American on the Fourth Circuit. The 
nomination of Judge James A. Beaty, Jr., was previously sent to us by 
President Clinton in 1995. That nomination was never considered by the 
Senate Judiciary Committee or the Senate and was returned to President 
Clinton without action at the end of 1998. It is time for the Senate to 
act on a qualified African-American nominee to the Fourth Circuit.

  In addition, early next year the Senate should act favorably on the 
nominations of Kathleen McCree Lewis to the Sixth Circuit and Enrique 
Moreno to the Fifth Circuit. Mr. Moreno succeeded to the nomination of 
Jorge Rangel on which the Senate refused to act last Congress. These 
are both well qualified nominees who will add to the capabilities and 
diversity of those courts. In fact, the Chief Judge of the Fifth 
Circuit has this month declared that a judicial emergency exists on 
that court, caused by the number of judicial vacancies, lack of Senate 
action on pending nominations, and overwhelming workload.
  I have noted the unfortunate pattern that the Republican Senate has 
established by delaying consideration of too many women and minority 
nominees. The recent Republican caucus vote against Justice Ronnie 
White is the most egregious example, but the treatment of Judge Richard 
Paez and Marsha Berzon show that it is, unfortunately, not an isolated 
example.
  Filling these vacancies with qualified nominees is the concern of all 
Americans. The Senate should treat minority and women nominees fairly 
and proceed to consider them with the same speed and deference that it 
shows other nominees. Let us start the healing process. Let us vote to 
confirm Judge Richard Paez and Marsha Berzon before this month ends; 
Judge Julio Fuentes before the Senate adjourns in November; and Judge 
Ann Williams, Judge James Wynn, Kathleen McCree Lewis, and Enrique 
Moreno in the first weeks of next year.

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