[Congressional Record Volume 147, Number 10 (Thursday, January 25, 2001)]
[Senate]
[Pages S560-S562]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          JUDGE ROGER GREGORY

  Mr. ALLEN. Mr. President, I rise today to address the appointment of 
Roger L. Gregory to the U.S. Court of Appeals for the Fourth Circuit 
and the pending approval process of the Senate.
  Judge Gregory was appointed to the bench during the congressional 
recess in December. He was sworn into office last Thursday, on January 
18, 2001, in Charlottesville, VA. To many, this recess appointment was 
unacceptable because the President had nominated Judge Gregory last 
summer and he was never considered by the Senate or the Judiciary 
Committee before adjournment sine die.

  There are Senators who understandably believe that promises and 
understandings have been breached concerning recess appointments. 
However, it is my belief that in Roger Gregory, the Fourth Circuit--
and, indeed, America--has a well-respected and honorable jurist who 
will administer justice with integrity and dignity. He will, in my 
judgment, decide cases based upon and in adherence to duly adopted laws 
and the Constitution. I respectfully urge my colleagues and the 
administration to join me in supporting Judge Gregory.
  I want to share with you my observations, and let you all know a bit 
more about Roger Gregory, the man.
  Judge Gregory is a testament to what can be achieved in America 
through hard work and personal determination. He is the first person in 
his family to finish high school. He went on to graduate summa cum 
laude from Virginia State University, where his mother had once worked 
as a maid. He received his juris doctorate degree--his law degree--from 
the University of Michigan and later taught at Virginia State as an 
adjunct professor. Before his investiture as a judge, as a founding 
partner of the firm of Wilder & Gregory, Judge Gregory was a highly 
respected litigator representing mostly corporate and municipal clients 
in his hometown of Richmond, VA.
  Last week, Roger Gregory became the first African American to be 
seated on the Fourth Circuit of the U.S. Court of Appeals.
  He has been active in many civic and community affairs. He and I both 
served together on the Board of the Historic Riverfront Foundation in 
Richmond. He has served for many years on the board of directors of the 
Christian Children's Fund, the Richmond Renaissance Foundation, and the 
Black History Museum, among others.
  In 1983, Commonwealth Magazine named Roger Gregory as one of 
``Virginia's Top 25 Best and Brightest.'' In 1997, he was a recipient 
of the National Conference of Christians and Jews Award. He has an AV 
rating in Martindale-Hubbell, which is the highest combined legal 
ability and general recommendation rating given to lawyers. He has been 
a leader of the Old Dominion Bar Association, having served as 
President from 1990 through 1992.
  A few weeks ago, I had the opportunity to personally sit down and 
talk with and kind of interview Judge Gregory. I am truly impressed and 
comfortable with his judicial philosophy. Judge Gregory understands 
that the judicial branch is not the legislative branch. He believes in 
the rule of law and stated that he would adhere to precedents 
established by the Fourth Circuit and the Supreme Court to guide his 
decisions.
  During our conversation, Judge Gregory told me that he does not 
believe justice is what he called, ``result oriented,'' and instead, he 
believes the ``administration of justice is a process.'' He was firm in 
his conviction that his charge as a judge is to ``follow the rule of 
law and not participate in an activist court; as result-oriented judges 
are very dangerous.''
  Moreover, Judge Gregory articulated to me an appreciation of the 
rights, prerogatives, and powers reserved to the States in our Federal 
system. In particular, Judge Gregory believes the States have broad 
powers to regulate and pass laws, and that unless the law is clearly 
repugnant and violates established constitutional principles, he 
believes the laws enacted by legislators should be upheld and respected 
by the courts.
  Mr. President, and fellow Senators, I am cognizant that this body has 
the prerogative of ``advice and consent'' and could deny Judge Gregory 
a permanent appointment. No one should mistake my support of Judge 
Gregory's

[[Page S561]]

confirmation with approval of the manner in which the former President 
handled this nomination.
  At the time this nomination was first sent to the Senate last summer, 
I pledged to consider the nominee on his merits but took exception to 
the lateness of the nomination. It seemed to me the timing was 
calculated to accomplish a short-term political objective more than to 
achieve confirmation of a judge, and I felt that Mr. Gregory deserved 
better treatment.
  Whatever the motive, the tardiness of the former President's action 
put the Senate in an impossible position. And the recess appointment 
has only compounded the harm. Still, we must act in the best interest 
of the judiciary and the country. I ask my colleagues today to 
recognize that no good for our judiciary or our country can be achieved 
by now striking back at the former President.
  Let us rise above this procedural aggravation and act in a statesmen-
like manner.
  Mr. President, I submit to you and to my colleagues that Judge Roger 
L. Gregory is an exemplary citizen of the Commonwealth of Virginia. He 
has a sense of the properly restrained role of the judiciary and is 
eminently qualified to serve with distinction.
  Mr. President, I respectfully ask my colleagues to hold the requisite 
hearing, after which I believe you will share my positive impression of 
Judge Roger Gregory, and thereafter confirm him to the U.S. Court of 
Appeals for the Fourth Circuit.
  Thank you, Mr. President.
  Mr. WARNER addressed the Chair.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, I ask unanimous consent that I may proceed 
irrespective of the adjournment order.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. Mr. President, I wish to advise my colleagues, I will not 
take a lengthy period.
  I commend my partner in the Senate, Senator George Allen, a man for 
whom I have had the highest respect for so many years. We have worked 
together now for close to two decades, and this is our first joint 
appearance on the floor of the Senate; it is for a very important 
reason. I commend my colleague for his remarks and wish to associate 
myself with each and every word he has said.
  Mr. President, I met Judge Gregory on July 13, shortly after he was 
nominated, and thereafter I sent a letter to the chairman of the 
Judiciary Committee in which I asked for hearings. I ask unanimous 
consent that letter be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record as follows:

                                         United States Senate,

                               Washington, DC, September 15, 2000.
     Hon. Orrin G. Hatch,
      Chairman, Committee on the Judiciary,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: Thank you for your willingness over the 
     past several weeks to repeatedly discuss with me the 
     nomination of Roger Gregory to serve as a judge on the United 
     States Court of Appeals for the Fourth Circuit.
       I am confident that Roger Gregory would serve as an 
     excellent jurist on this distinguished court. I regret that 
     the President, for reasons unknown to me, did not nominate 
     Mr. Gregory until very near to the end of this Congress; 
     however, I remain steadfast in my belief that the Senate 
     should act on his nomination. Therefore, I once again 
     respectfully request that you schedule a confirmation hearing 
     for Mr. Gregory.
       With kind regards, I am
           Sincerely,
                                                      John Warner.

  Mr. WARNER. I have prepared a letter to the President of the United 
States, George W. Bush, dated today, and my distinguished colleague has 
joined me in signing this letter. It is very short, and I shall read 
it:

       Dear Mr. President: As a Virginian, Judge Roger Gregory is 
     now serving in the United States Court of Appeals for the 
     Fourth Circuit. The circumstances preceding his oath of 
     office taken on January 18, 2001 are well known.

  In the course of this process, we publicly announced--

  That is Senator Allen and myself--

     our support for then nominee Gregory and requested that the 
     Judiciary Committee hold a confirmation hearing. Now, Judge 
     Gregory's future tenure on the Fourth Circuit rests with your 
     administration and, subject to your decision, then with the 
     Senate's Judiciary Committee and the full Senate under its 
     ``Advice and Consent'' responsibilities.
       We continue to support Judge Gregory's nomination.
       We have interviewed Judge Gregory, consulted with members 
     of the bar, Judiciary, and others throughout the Commonwealth 
     of Virginia about Judge Gregory's credentials. It is our 
     belief that Judge Gregory is a well qualified candidate who 
     will serve with distinction.
       We fully respect the responsibilities you have to carefully 
     review the overall situation regarding the Fourth Circuit and 
     the views of the Chief Judge. Historically, Presidents have 
     sought to achieve geographic representation in a circuit with 
     members drawn from the several states within the circuit. It 
     may well be that following your review of the Fourth Circuit, 
     you will consider nominating or supporting a slate of 
     candidates to provide to each state within the Fourth Circuit 
     as a judge.
       As you know, the Fourth Circuit serves the states of 
     Virginia, West Virginia, North Carolina, South Carolina and 
     Maryland. Currently, of the 11 judges sitting on the Fourth 
     Circuit, four are Virginians, three are South Carolinians, 
     two come from Maryland, and two are West Virginians.
       We respectfully request that Judge Gregory's name be among 
     those names that you support for confirmation to the Fourth 
     Circuit.

  Now, a few personal observations. I always go back to the 
Constitution and article I:

       All legislative Powers herein granted shall be vested in a 
     Congress of the United States. . . .

  Then we proceed to article II:

       The executive Power shall be vested in a President of the 
     United States. . . .

  And lastly, article III:

       The judicial Power of the United States, shall be vested in 
     one supreme Court, and in such inferior Courts as the 
     Congress may from time to time ordain and establish. The 
     Judges, both of the supreme and inferior Courts, shall hold 
     their offices during good Behaviour. . . .

  Three coequal branches of Government, and we are addressing an issue 
relating to a member of a coequal branch of the Federal Government, a 
sitting Federal judge. In my judgment, despite all of the unusual 
aspects of the nominating process, we should support this jurist, if 
for no other reason, out of respect for the Senate towards the coequal 
branch of another part of our Republic and the members therein.
  Now, as I say, I interviewed him. I have known him. He is a law 
partner of one of our distinguished living former Governors, Governor 
Wilder.

  My colleague pointed out he would be the first African American on 
the Fourth Circuit. It was my privilege many years ago, then as a 
relatively junior Senator, to nominate an African American, the first 
in the history of the Commonwealth of Virginia, to serve in the Federal 
judiciary, James Spencer.
  I say to my colleague, I am privileged to join with him in now 
supporting this eminently qualified jurist for continuation on the 
Fourth Circuit.
  Out of respect to our former colleague, Senator Robb, we should note 
that he was very much involved in the nomination process that preceded 
in the fall.
  Lastly, I will say, with regard to the advice and consent role of the 
Senate, each time we exercise that important constitutional 
responsibility--I guess I speak for myself--I consider the nominees of 
a President are human beings, people with sensitivities that all of us 
have, people who have families, people who have friends. I will have 
that very much in mind as we proceed to consideration of our role with 
regard to Judge Gregory. Sometimes we lose sight of that. Couple that 
with the fact that we are examining a member of a coequal branch of our 
Federal Government and of our Republic. For that reason we should 
accord him every respect we can.
  Nevertheless, we shall examine thoroughly such qualifications as our 
colleagues wish to raise. It is my hope and, indeed, my expectation 
that eventually this Chamber will render its advice and consent such 
that Judge Gregory may continue as a member of the Fourth Circuit.
  Mr. BIDEN. Will the Senator yield for a moment?
  Mr. WARNER. Yes, indeed.
  Mr. BIDEN. Mr. President, one of the reasons why the senior Senator 
from Virginia is so well respected in this place is not only the fact 
that he is a consummate gentleman, but he pays

[[Page S562]]

tribute to and honors the traditions of this great place.
  I am aware that today was the maiden speech of his new colleague and 
our new colleague, the former Governor of Virginia.
  I recall 28 years ago, when I got here, one's maiden speech was taken 
in a much more formal way, not by the speaker but by other Members of 
the Senate. I remember when I made my first speech, Senator John 
Stennis, Senator Allen, Senator Mansfield, Senator Javits all came and 
sat. I don't even remember what it was. It was an innocuous speech. 
They were all gracious enough to sit, turn their chairs, and act as if 
I was delivering the Declaration of Independence. I appreciated it very 
much.
  Unlike my maiden speech, the maiden speech of the former Governor of 
the State of Virginia portends well for this body. To come here in the 
first speech he makes, to be in support of not the process but the 
person, who the Senators from Virginia could easily have concluded, 
because it was a Democratic nominee originally, should no longer remain 
on the bench because of the recess appointment and the manner in which 
it was taken, I take the speech of the Senator from Virginia to be more 
than merely about the nominee, who I agree is incredibly well 
qualified, having sat on the Judiciary Committee and sitting on the 
Judiciary Committee and being aware of his background.
  I thank the Senator from Virginia, Mr. Allen, for making a maiden 
speech that meant something, that meant something about an individual 
and sent a signal to this body that I hope we on both sides of the 
aisle emulate for the next 2 years; that is, that we should look beyond 
partisan advantage and look to quality, the quality of what we are 
doing.
  I compliment him on his maiden speech. I compliment him on the 
substance of the speech. I compliment my friend from Virginia, senior 
Senator, for being here. Senator Allen could have spoken about the 
dome, and he would have been here because that is the nature of the 
man. He understands the traditions of this place. They mean something. 
I am glad I get to serve with him.
  Mr. WARNER. Mr. President, I express my profound appreciation and 
respect for my colleague from Delaware. We have enjoyed a very warm, 
personal, and professional relationship throughout my 23 years. I note 
that my colleague from Delaware has been here a number of years beyond 
that.
  And I don't know of any Members, except maybe Senator Byrd or Senator 
Thurmond, who feel more deeply about the traditions here than my 
colleague from Delaware. I believe this morning was the longest speech 
on record with regard to a visiting member of the clergy, but it was 
heartfelt and it was fascinating to sit and listen.
  These are some of the rare moments we share in this great institution 
when events such as that take place. I commend him and thank him. I 
know Senator Biden is the former chairman of the Judiciary Committee 
and he is well experienced regarding judicial nominations and the 
advice and consent role. Indeed, you noted the maiden speech of George 
Allen. The majority leader leaned over a few minutes ago and said 
beneath the tones of the system here, ``Usually, we wait 3 months.''
  Two of us reminded the leader that this is a very important subject 
and one on which, indeed, the Senator could have extolled other 
aspects, particularly regarding education. But I think he chose the 
subject wisely, I say to my colleague from Virginia, and he chose the 
time wisely, because we should be without a moment's doubt in the minds 
of our colleagues about our support for this nominee and, indeed, our 
respect for the judicial branch.
  I thank my colleague for the privilege of joining him today, and I 
commend him for his remarks. I also thank my colleague from Delaware.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Bunning). The Senator from Missouri is 
recognized.
  Mr. BOND. Mr. President, I ask unanimous consent that I may be 
permitted to proceed as in morning business notwithstanding the order 
for the recess.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________