[Congressional Record Volume 146, Number 96 (Friday, July 21, 2000)]
[Senate]
[Pages S7436-S7437]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              MINORITY JUDICIAL NOMINEES IN 106TH CONGRESS

  Mr. LEAHY. Mr. President, I am glad to see the Senate confirming 
Judge Johnnie Rawlinson to the Ninth Circuit Court of Appeals today. 
She will be an outstanding member of that Circuit. I thank Senator Reid 
for all of his hard work on this nomination. I also commend our 
Democratic Leader for getting Judge Rawlinson and the other nominations 
reported yesterday confirmed by unanimous consent today. No one has 
worked harder than Senator Daschle to try to get the Senate to act on 
President Clinton's judicial nominees and I thank him for his dedicated 
efforts.
  On July 13, 2000, President Clinton spoke before the NAACP Convention 
in Baltimore and lamented the fact that the Senate has been slow to act 
on his judicial nominees who are women and minorities. He said: ``The 
quality of justice suffers when highly-qualified women and minority 
candidates, fully vetted, fully supported by the American Bar 
Association, are denied the opportunity to serve for partisan political 
reasons.'' He went on to say: ``The face of injustice is not 
compassion; it is indifference, or worse. For the integrity of the 
courts and the strength of our Constitution, I ask the Republicans to 
give these people a vote. Vote them down if you don't want them on.'' I 
wholeheartedly agree with the President.
  I was encouraged to hear Senator Lott recently and repeatedly say 
that he continues to urge the Judiciary Committee to make progress on 
judicial nominations. The Majority Leader said: ``There are a number of 
nominations that have had hearings, nominations that are ready for a 
vote and other nominations that have been pending for quite some time 
and that should be considered.'' He went on to note that the groups of 
judges he expects us to report to the Senate will include ``not only 
district judges but circuit judges.''
  The United States Senate is the scene where some 50 years ago, 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. This Senate is also 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 October, 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.
  On October 5, 1999, the Senate Republicans voted in lockstep to 
reject the nomination of Justice Ronnie White to the federal court in 
Missouri--a nomination that had been waiting 27 months for a vote. 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.
  It is unfortunate that the Republican Senate has on a number of 
occasions delayed consideration of too many women and minority 
nominees. The treatment of Judge Richard Paez and Marsha Berzon are 
examples from earlier this year. Both of these nominees were eventually 
confirmed this past March by wide margins.

  I have been calling for the Senate to work to ensure that all 
nominees are given fair treatment, including a fair vote for the many 
minority and women candidates who remain pending.
  The bipartisan Task Force on Judicial Selection of Citizens for 
Independent Courts has recommended that the Senate complete its 
consideration of judicial nominations within 60 days.
  Governor Bush of Texas recently also proposed that presidential 
nominations be acted upon by the Senate within 60 days.
  Of the 34 judicial nominations currently pending, 26 have already 
been pending for more than 60 days without Senate action. Already this 
Congress 83 nominees, including 56 eventually confirmed, have had to 
wait longer than 60 days for Senate action. I urge the Senate to do 
better.
  The Senate should be moving forward to consider the nominations of 
Judge James Wynn, Jr. and Roger Gregory to the Fourth Circuit. When 
confirmed, Judge Wynn and Mr. Gregory will be the first African-
Americans to serve on the Fourth Circuit and will each 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. President Clinton spoke 
powerfully about these matters last week. We should respond not be 
misunderstanding or mischaracterizing what he said, but by taking 
action on this well-qualified nominees.
  In addition, the Senate should act favorably on the nominations of 
Judge Helene White and Kathleen McCree Lewis to the Sixth Circuit, 
Bonnie Campbell to the Eighth 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 well-qualified 
nominees who will add to the capabilities and diversity of those 
courts. In fact, the Chief Judge of the Fifth Circuit declared that a 
judicial emergency exists on that court, caused by the number of 
judicial vacancies, the lack of Senate action on pending nominations, 
and the overwhelming workload.
  I am sorely disappointed that the Committee has not reported the 
nomination of Bonnie Campbell to the Eighth Circuit. She completed the

[[Page S7437]]

nomination and hearing process two months ago and is strongly supported 
by Senator Grassley and Senator Harkin from her home state. She will 
make an outstanding judge.
  Filling these vacancies with qualified nominees is the concern of all 
Americans. The Senate should treat minority and women and all nominees 
fairly and proceed to consider them.
  To reiterate, I commend and congratulate Judge Johnnie Rawlinson from 
Nevada who was confirmed to the Ninth Circuit Court of Appeals. She is 
going to do an outstanding job on that circuit. Senator Harry Reid of 
Nevada, who worked so hard, deserves special mention as, of course, 
does Senator Dick Bryan for joining in support of her nomination.
  I hope this is a mark that maybe we will do better in the Senate and 
start moving judges, similar to what a Democratic-controlled Senate did 
in the last year of President George Bush's term in office when we 
moved judicial nominations right through to practically the last day we 
were in session.
  There has been a lot of talk about what should be done or should not 
be done, what is being held up or should not be held up. Whether it is 
an accident or otherwise, it is a fact that women and minorities take a 
disproportionate amount of time to go through the system. That does not 
look well for the Senate.
  If I could make a recommendation, I would join an unusual ally in 
that. Gov. George W. Bush of Texas Presidential nominations should be 
acted upon by the Senate within 60 days. He said:

       The Constitution empowers the President to nominate 
     officers of the United States, with the advice and consent of 
     the Senate. That is clear-cut, straightforward language. It 
     does not empower anyone to turn the process into a protracted 
     ordeal of unreasonable delay and unrelenting investigation. 
     Yet somewhere along the way, that is what Senate 
     confirmations became --lengthy, partisan, and unpleasant. It 
     has done enough harm, injured too many good people, and it 
     must not happen again.

  Governor Bush is right. President Clinton has said virtually the same 
thing. I have said the same thing. The fact is, if you do not want 
somebody to be a judge, then vote them down, but do not do this limbo 
thing where sometimes they wait for years and years. Marsha Berzon 
waited 2\1/2\ years just to get a vote. They were not going to vote on 
this woman. When she finally came to a vote, she was confirmed 
overwhelmingly.
  Richard Paez is a distinguished jurist, an outstanding Hispanic 
American. He waited not 1 year, not 2 years, not 3 years, but he waited 
4 years for a vote, and then when his nomination was voted on, it was 
overwhelming.
  Let us do better. Let's move on some of the names that are here, such 
as Kathleen McCree Lewis, Helene White, Bonnie Campbell, Enrique 
Moreno, and others who have been held up so long. Let's move on them. 
It can be done.
  Mr. President, I thank my good friend from Kansas for his 
forbearance. He has now done enough penance for 1 day.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BENNETT. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded
  The PRESIDING OFFICER. Without objection, it is so ordered.

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