[Congressional Record Volume 147, Number 111 (Thursday, August 2, 2001)]
[Senate]
[Pages S8691-S8692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          LEGISLATIVE SESSION

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                          JUDICIAL NOMINATIONS

  Mr. LEAHY. Madam President, on July 20, I was pleased that we were 
able to confirm a number of judicial and executive nominations. We 
confirmed Judge Roger Gregory for a lifetime appointment to the United 
States Court of Appeals for the Fourth Circuit. Last year and earlier 
this year, he was unable even to get a hearing from the Republican 
majority.
  Having gotten that hearing, his nomination was reported favorably to 
the Senate on a 19 to 0 vote by the committee and the Senate voted to 
confirm him by a vote of 93 to 1 vote. The supposed controversy some 
contend surrounded this nomination was either nonexistent or quickly 
dissipated. In addition we have confirmed the two nominees to the 
District Court vacancies in Montana in order to help end the crisis in 
that district that was brought to our attention by Chief Judge Molloy.
  Today we report and the Senate is confirming William Riley, nominated 
to the United States Court of Appeals for the Eighth Circuit. Mr. Riley 
was strongly supported by both his home State Senators, one a respected 
Republican and one a valued Democratic Senator.
  In the entire first year of the first Bush Administration, 1989, 
without all the disruptions, distractions and shifts of Senate majority 
that we have experienced this year, only five Court of Appeals judges 
were confirmed all year.
  In the first year of the Clinton Administration, 1993, without all 
the disruptions, distractions and shifts in Senate majority that we 
have experienced this year, only three Court of Appeals judges were 
confirmed all year. In 1993, the first Court of Appeals nominee to be 
confirmed was not until September 30. During recent years under a 
Republican Senate majority, there were no Court of Appeals nominees 
confirmed at any time during the entire 1996 session, not one. In 1997, 
the first Court of Appeals nominee was not confirmed until September 
26.
  Having confirmed our first Court of Appeals nominee on July 20, the 
Senate this year is ahead of the pace in 1993, the first year of the 
Clinton Administration, and ahead of the pace in 1996 and 1997, when 
the Senate was under Republican control.
  A fair assessment of the circumstances of this year would suggest 
that the confirmation of a single Court of Appeals nominee this early 
in the year and the confirmation of even a few Court of Appeals judges 
in this shortened time frame of only a few weeks in session should be 
commended, not criticized. Today we confirm our second Court of Appeals 
nominee.
  The Judiciary Committee held two hearings on two Court of Appeals 
nominees in July. In July 1995, the Republican Chairman held one 
hearing with one Court of Appeals nominee.
  In July 1996, the Republican Chairman held one hearing with one Court 
of Appeals nominee, who was confirmed in 1996. In July 1997, the 
Republican Chairman held one hearing with one Court of Appeals nominee. 
In 1998, the Republican Chairman did hold two hearings with two Court 
of Appeals nominees, but neither of whom was confirmed in 1998. In July 
2000, the Republican Chairman did not hold a single hearing with a 
Court of Appeals nominee.
  During the more than 6 years in which the Senate Republican majority 
scheduled confirmation hearings, there were 34 months with no hearing 
at all, 30 months with only one hearing and only 12 times in almost six 
and one-half years did the Judiciary Committee

[[Page S8692]]

hold as many as two hearings involving judicial nominations in a month. 
Over the last 6 years only 46 nominees were confirmed by the Republican 
majority in the Senate to the Courts of Appeals around the country.
  This Democratic Senate has confirmed two within the month the Senate 
has been reorganized before the August recess. So without acknowledging 
the unprecedented shifts in majority status this year, our productivity 
compares most favorably with the last 6 years. With the confirmation of 
William Riley to the Eighth Circuit, we have exceeded the record in 
five of the last 6 years.
  I am considering holding another judicial confirmation hearing in 
August, during the Senate recess. No such hearing was held during any 
of the last 6 years. If we proceed, it may be the first time a judicial 
confirmation hearing was held during the August recess.
  I went to the White House for the President's announcement of his 
first judicial nominations as a demonstration of bipartisanship. I 
noticed our initial hearing on judicial nominees within 10 minutes of 
the Senate adoptions of S. Res. 120 reorganizing the Senate just before 
the July 4 recess. We held two hearings in July. We confirmed two Court 
of Appeals Judges in July. The facts are that the Democratic majority 
in the Senate has proceeded fairly.
  I have also respectfully suggested that the White House work with 
Senators to identify and send more District Court nominations to the 
Senate who are broadly supported and can help us fill judicial 
vacancies in our federal trial courts. According to the Administrative 
Office of the U.S. Courts, almost two-thirds of the vacancies on the 
federal bench are in the District Courts, 75 of 108. But fewer than 
one-third of President Bush's nominees initial 30 nominees have been 
for District Court vacancies.
  The two who were consensus candidates and whose paperwork was 
complete have had their hearing earlier this month and were confirmed 
July 20.
  I did try to schedule District Court nominees for our hearing last 
week, but none of the files of the seven District Court nominees 
pending before the Committee was complete.
  Because of President Bush's unfortunate decision to exclude the 
American Bar Association from his selection process, the ABA was only 
able to begin its evaluation of candidates' qualifications after the 
nominations were made public. We are doing the best we can, and we hope 
to include District Court candidates at our next nominations hearing.
  There has been talk that the President will be sending more District 
Court nominees to the Senate today or tomorrow.
  If he does, I hope that they are consensus candidates and that their 
home state Senators have been involved in the selection process. 
Unfortunately, they are being received late in this short session and 
without the peer review that the ABA had traditionally provided at the 
time of the nomination for more than 50 years. We will do the best we 
can to proceed with mainstream candidates with broad-ranging support in 
the limited time available to us before the Senate adjourns this year 
and given the heavy legislative agenda that we must accomplish.
  When some Republican Senators bemoan the current vacancies, they 
should also acknowledge that many of the current vacancies could have 
been filled and should have been filled over the last several years. 
Indeed, if the 65 judicial nominations sent to us over the past few 
years by President Clinton had been acted upon, we would have scores 
fewer vacancies.
  At the end of the last session of Congress in which there was a 
Senate Democratic majority, in 1994, there were 63 vacancies on the 
Federal courts, which included several new judgeships created by 
statute in 1990 and as yet unfilled. When the Senate returned to a 
Democratic majority on June 6 of this year, there were 104 vacancies. 
When the Senate was finally allowed to reorganize and made its 
Committee assignments on July 10, there were 110 vacancies.
  Of the judicial emergency vacancies, almost half would not exist if 
President Clinton's qualified nominees for those positions had been 
confirmed by the Republican majority over the last few years. I noted 
last week that the Republican Senate over the last several years 
refused to take action on no fewer than a dozen nominees to what are 
now emergency vacancies on the Courts of Appeals.
  I remind my colleagues of their failure to grant a hearing or 
Committee or Senate consideration to the following: Robert Cindrich to 
the Third Circuit; Judge James A. Beaty, Jr. and Judge James A. Wynn, 
Jr. to the Fourth Circuit; Jorge Rangel, Enrique Moreno and H. Alston 
Johnson to the Fifth Circuit; Judge Helene White, Kathleen McCree-Lewis 
and Kent Marcus to the Sixth Circuit; Bonnie Campbell to the Eighth 
Circuit; James Duffy and Barry Goode to the Ninth Circuit.
  Those were 12 Court of Appeals nominees to 10 vacancies who could 
have gone a long way toward reducing the level of judicial emergencies 
around the country. Our first confirmation this year was of Judge Roger 
Gregory to a judicial emergency vacancy.
  I have yet to hear our Republican critics acknowledge any 
shortcomings among the practices they employed over the last six years.
  When they have done that and we have established a common basis of 
understanding and comparison, we will have taken a significant step 
forward. That would help go a long way toward helping me change the 
tone here in Washington. It would make it easier to work together to 
get as much accomplished as we possibly can.
  Mr. HATCH. Madam President, I am pleased that today the Senate 
confirmed William Riley to be a judge on the Eighth Circuit Court of 
Appeals. This confirmation brings the total of judicial confirmations 
for the year to four. Even if we include today's confirmation vote in 
the total for the month of July, I want to note for the record that 
this is significantly fewer judges than were confirmed during most of 
the months of July during my tenure as Chairman of the Judiciary 
Committee, even though we had a Democratic President and a Republican 
Senate during those years. Here is the number of judges confirmed 
during the months of July when I was chairman:
  July 1995--11 judges confirmed.
  July 1996--16 judges confirmed.
  July 1997--3 judges confirmed.
  July 1998--6 judges confirmed.
  July 1999--4 judges confirmed.
  July 2000--5 judges confirmed.

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