[Congressional Record Volume 148, Number 132 (Wednesday, October 9, 2002)]
[Senate]
[Pages S10162-S10164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    NOMINATION OF JUDGE DENNIS SHEDD

  Mr. THURMOND. Mr. President, I rise today to express my outrage at 
yesterday's proceedings in the Judiciary Committee. In an unprecedented 
move, Chairman Leahy violated committee rules and removed the 
nomination of Judge Dennis Shedd from the agenda. On a procedural vote, 
the committee refused to consider Judge Shedd's nomination.
  I am hurt and disappointed by this egregious act of destructive 
politics. Chairman Leahy assured me on numerous occasions that Judge 
Shedd would be given a vote. I took him at his word.
  Dennis Shedd is a fine judge who has received a rating of well 
qualified by the American Bar Association. President Bush nominated him 
to the Fourth Circuit Court of Appeals on May 9, 2001, but his hearing 
did not take place until June 27 of this year. Since that time, he has 
answered all questions asked of him.
  For over 17 months, I have waited patiently. On July 31, Chairman 
Leahy stated publicly before the Judiciary Committee that we had 
reached a solution regarding Judge Shedd that would be satisfactory. 
The chairman's recent actions are not only unsatisfactory, but they are 
unacceptable. In my 48 years in the Senate, I have never been treated 
in such a manner.
  Mr. President, I hope this situation will be corrected and that Judge 
Shedd will soon be confirmed as a judge on the Fourth Circuit Court of 
Appeals.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER. The Senator from West Virginia has the floor.
  Mr. REID. Mr. President, may I ask the Senator from West Virginia if 
he will be kind enough to allow me to respond to the distinguished 
Senator from South Carolina, as the name of my friend, Senator Leahy, 
was mentioned on several occasions.
  Mr. BYRD. How much time does the Senator need?
  Mr. REID. A few minutes; 6 or 7 minutes at most.
  Mr. BYRD. Not to exceed 7 minutes. I make that request.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, we understand that Senator Thurmond is 
disappointed that the Judiciary Committee was not able to proceed on 
Judge Dennis Shedd's nomination at its meeting this week. We all have 
great respect for Senator Thurmond and I know that the committee is 
working toward a committee vote on the Shedd nomination.
  The Judiciary Committee has continued to receive opposition from 
South Carolina and from African American and other civil rights 
organizations and leaders from around the country to the Shedd 
nomination. Senators are taking those concerns seriously and being 
thoughtful and deliberate in reaching their own conclusions.
  Over the past weeks, the committee--led by Chairman Leahy who has 
done such an outstanding job--has received hundreds of letters from 
individuals and organizations, both in and out of South Carolina, 
expressing concerns about elevating Judge Shedd, and these letters 
raise serious issues. Many of these letters have arrived in just the 
last week or so. The committee has just received a letter from the 
Mexican American Legal Defense and Educational Fund, citing the 
interests of the many Latinos living in the Fourth Circuit, and 
expressing opposition to Judge Shedd. A letter arrived recently from 
the Black Leadership Forum asking for more time to consider the 
nomination. It was signed by a number of well respected African 
American leaders, including the forum's chairman, Dr. Joseph Lowery, 
and over a dozen other nationally recognized figures. In recent weeks, 
State legislators from Delaware, North Carolina, South Carolina, and 
Maryland, have written with their misgivings about the elevation of 
Judge Shedd. And hundreds, probably thousands, of letters from South 
Carolina citizens have been arriving that urge a closer look at Judge 
Shedd's fitness for this job.
  Senator Leahy was correct in his judgment that beginning the debate 
on the nomination of Judge Shedd on Tuesday morning would not have 
resulted in a final vote, but might well have prevented committee 
action on 17

[[Page S10163]]

other judicial nominees of this President. Indeed, as it was, 
Republicans almost prevented those 17 judicial nominations and six 
executive branch nominations from being reported before the end of that 
business session.
  Unfortunately, this partisan procedural maneuvering obstructed the 
committee from reaching any items on the legislative agenda, even the 
simplest consensus items of significant importance. Republican Senators 
even objected to granting consent to an amendment of the American 
Legion charter. I understand that today Republicans boycotted a 
business meeting of the Governmental Affairs Committee.
  I understand that at Senator Thurmond's request, the Judiciary 
Committee held a hearing fro Judge Shedd who has a lifetime appointment 
to the District Court in south Carolina. Judge Shedd's hearing was the 
second for a nominee to the Fourth Circuit since the reorganization of 
the committee in the summer of 2001.
  In fact, no judge was confirmed to the fourth Circuit during the last 
30 months of Republican majority control even though there were 
nominees of significant qualifications. Neither Judge James Beaty, 
Judge Rich Leonard, Judge James Wynn, Judge Roger Gregory, Judge Andre 
Davis or Elizabeth Gibson received a hearing or a vote from the 
Republican majority on their nominations to the Fourth Circuit.
  In contrast, the first nominee on which the Judiciary Committee held 
a hearing in July 2001 and the first confirmed after the change in 
majority was a Fourth Circuit nominee, Judge Gregory.
  In addition, the Committee worked hard to consider and report the 
nomination of Judge Terry Wooten to be a Federal district court judge 
in South Carolina at the request of Senator Thurmond. Judge Wooten's 
nomination was not without controversy but with hard work and 
perseverance the committee was able to report that nomination to the 
Senate and the Senate confirmed Judge Wooten last November.
  The committee also expedited consideration of Strom Thurmond, Jr., to 
be the U.S. Attorney for south Carolina last fall, under tremendous 
pressure to Senator Leahy.
  During the last 15 months, the Judiciary Committee has held hearings 
on over 100 judicial nominees, voted on 100 and reported 98. The Senate 
has confirmed 80 to date with 18 more on the calendar, as we speak. 
That is more hearings for more nominees and more votes on nominees and 
more confirmations of more nominees than in the last 30 months in which 
Republicans controlled the Senate.
  The Judiciary Committee is doing a good job of helping reduce the 
judicial vacancies it inherited from the Republicans when they delayed 
and obstructed President Clinton's nominees.
  I understand Senator Thurmond's disappointment, but he has to 
understand Senator Leahy is doing an outstanding job. And I and the 
rest of the Democrat conference totally support this good man, the 
Senator from Vermont.
  The PRESIDING OFFICER. The Senator from West Virginia has the floor.
  Mr. HATCH. Mr. President, I ask the Senator from West Virginia to 
allow me 5 minutes to respond.
  Mr. BYRD. Mr. President, I ask unanimous consent that I may yield to 
the distinguished Senator from Utah, Mr. Hatch, for not to exceed 5 
minutes--I hope this will be the last request--not to exceed 5 minutes, 
and that I retain my right to the floor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HATCH. Mr. President, I thank the Senator from West Virginia for 
his courtesy. I appreciate it.
  I listened to these remarks, and I am outraged. I know they were not 
written by any staffer for Senator Reid, and they are not accurate. I 
think we have had very disdainful treatment of one of the most 
prestigious and important Senators in the history of this body.
  Let's think about it. Yesterday, Chairman Leahy denied a vote on 
Dennis Shedd, President Bush's nominee for the Fourth Circuit Court of 
Appeals, the nominee from South Carolina. This action was outrageous 
because yesterday may very well have been the last markup Senator 
Thurmond, the former chairman of the Judiciary Committee, who cares 
very deeply about Judge Shedd's nomination, was able to attend.
  The committee rules are very clear. They allow an agenda item held 
over from 1 week, which Judge Shedd was held over, to be brought up on 
the next agenda. He was held over on September 19 on that markup agenda 
by the Democrats.
  Yesterday, Chairman Leahy, in violation of committee rules, removed 
Judge Shedd from the agenda. This is not right. To my knowledge, that 
is the first time that has ever happened. It may have happened before, 
but I do not remember it.
  What makes this even more unusual and has our Members outraged is 
that we operate in the Senate under a presumption that a Senator's word 
is as good as gold. Chairman Leahy assured several Republican 
Senators--our leader, Senator Thurmond, Senator Grassley, Senator 
Brownback, and myself--that Judge Shedd would get a vote. He promised 
that to me, and all of these others. It is fair to say the entire 
Republican caucus expected a vote yesterday on Judge Shedd.
  There is no doubt about Judge Shedd's qualifications. He has strong 
bipartisan support. One of his most ardent supporters from South 
Carolina is none other than my dear friend and colleague, Senator Fritz 
Hollings. The people of South Carolina support him. The ABA, long held 
to be the gold standard by the Democrats, gave him a well-qualified 
rating. So it is not Judge Shedd's qualifications that are standing in 
the way. Simply put, there is no good reason that Judge Shedd did not 
get a vote at yesterday's markup.
  In accordance with the rules, I moved to have a vote. The chairman 
ruled it out of order. It was a 9-to-9 vote, not sustaining his 
position but basically not allowing the vote.
  The real reason Judge Shedd was not on the agenda was there are 
liberal special interest groups in this city that seem to have lock-
stock control over the Judiciary Committee. When I was chairman, I 
never ceded control to any of these outside groups. In fact, I told 
them to get lost. I have to say I paid a big price for it, too. It is 
atrocious that ceding of control is happening now.
  With regard to the Fourth Circuit Court of Appeals and those nominees 
cited by the distinguished Senator from Nevada, they did not have home 
State senatorial support. We cannot do much about that when there is 
not home State senatorial support, which has always been a courtesy 
that has been extended.
  Think about it. Judge Shedd has been waiting for almost 18 months. 
Now all of a sudden, at the last minute, we come up with all of these 
lame excuses to not give him a vote. All we were asking for was a vote 
in accordance with the rules of the Senate--a vote in the Judiciary 
Committee and then a vote on the floor--for a man who used to be chief 
of staff of the Judiciary Committee, who was sponsored by one of the 
most dignified and important Senators in the history of this body. Just 
one committee vote and a floor vote.
  If they want to vote him down, they can do that, but Senator Thurmond 
deserved the benefit of the doubt. He deserved the privilege of having 
a vote on his nominee, especially since this nominee has waited for 
almost 18 months. He was peppered with all kinds of questions. He 
answered them. He did everything he possibly could. He has a wonderful 
reputation. He had it when he was on the committee. What is more, every 
member of that committee who sat when he was here knows it.
  Now this is wrong. It is wrong to treat a senior Senator like this. 
It is wrong to treat a distinguished Federal district court judge like 
this. It is wrong to break the rules. It is wrong to break them with 
impunity. And I think it is wrong to treat the President's nominees 
this way.
  To make a long story short, virtually everything that was said 
yesterday and even today was not very accurate. I would ask that this 
body reconsider, that my friends on the other side----
  The PRESIDING OFFICER. The Senator has spoken for 5 minutes.
  Mr. HATCH. I ask for 30 seconds more, and I will finish.
  Mr. BYRD. Mr. President, I yield an additional minute to the Senator, 
under the same conditions.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page S10164]]

  Mr. HATCH. I am grateful to my colleague.
  I ask for simple courtesy from the other side. Give us an up-or-down 
vote on Dennis Shedd. Everybody who is on the Judiciary Committee knows 
this man, and I think most others in the Senate know this man and know 
what a good person he is. But everybody knows Senator Thurmond, that he 
is an honest, decent man, and he deserves this kind of courtesy, 
especially at the end of the longest, most distinguished career in the 
Senate.
  I thank my dear colleague from West Virginia.

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