[Congressional Record Volume 149, Number 26 (Wednesday, February 12, 2003)]
[Senate]
[Pages S2231-S2232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                SCHEDULE

  Mr. FRIST. The Senate will resume consideration of the nomination of 
Miguel Estrada to be a circuit judge for the DC Circuit. We have spent 
4 days and over 20 hours debating this eminently qualified nominee. 
Yesterday 14 Senators participated in the debate. To afford Senators 
ample time to fulfill their constitutional advise and consent 
responsibilities and to facilitate unfettered consideration of this 
nomination, I expect tonight to be a very late night. Senators are 
encouraged to come to the floor over the course of today to engage in 
this debate.
  The Democratic leader and I have discussed options to conclude the 
Senate's constitutional responsibilities as they pertain to this 
nominee. My colleagues on the other side of the aisle continue to 
object to any time agreement and refuse to set a time for a dispositive 
vote. My objective is to provide all Senators with sufficient 
opportunity to debate the merits of this nominee and then to move this 
nomination to a final vote.
  Therefore, once again, I encourage Senators to come to the floor 
today and this evening and, if necessary, tomorrow and tomorrow 
evening, to express their views so a final vote can be scheduled. I do 
hope the Democratic leader will assist me in achieving this goal.
  In addition, the Senate continues to wait for the completion of the 
very important conference report on the omnibus appropriations bill. 
Those discussions have gone on over the course of the last several 
days, well into last night and over the course of this morning. This 
omnibus appropriations bill--I believe I speak for both sides of the 
aisle--is a must-pass item to be addressed and ultimately passed prior 
to any recess.

  Mr. REID. While the majority leader is on the floor, Mr. President, 
we on this side are prepared to stay as long, of course, as the leader 
asks us to do so. But because we will have to have people here to make 
sure there are people on the floor to discuss whatever they feel they 
want to discuss during this nomination process, do you have an idea how 
late you might want us to stay tonight?
  Mr. FRIST. Mr. President, I want to provide ample opportunity. We 
have been on this nomination since last Wednesday. I would expect we 
will be here very late into the evening; I don't know what time. But if 
we are to achieve having a recess at all, I do want to be able to fully 
address the issue of the omnibus appropriations and the Estrada 
nomination. I would think it is going to be very late tonight, but I 
can't give an exact time.
  Mr. REID. As I said last night, as Senator Hatch and I were closing 
the Senate, everything has been said, but not quite everyone has said 
it, on the nomination of Miguel Estrada. Both sides have talked about 
what they like and dislike about this nomination. Yesterday, of course, 
there were a lot of repetitive statements.
  We will be here. I think it is quite clear that we won't be speaking 
much about Miguel Estrada as the day proceeds. We will want to talk 
about

[[Page S2232]]

Chairman Greenspan's statements and other issues we think are just as 
important to talk about. But during these nominations, when there is 
extended debate, we are allowed to do that. Whatever the leader wants 
us to do, we are here. Whether it is tonight, tomorrow night, Friday, 
Saturday, whatever it is, we will be at your disposal.
  Mr. FRIST. Mr. President, I appreciate the comments of the assistant 
Democratic leader. My objective is to fully address the nomination of 
this outstanding, well-qualified candidate. If we really get to the 
point where the other side of the aisle says there is nothing more to 
be said, I would simply ask that we do take this to a vote and give us 
in this body the opportunity to vote, yes, we are for the nomination 
or, no, we are against the nomination, if we really have had full 
debate, and from what I have just heard we are getting close to that 
point, and if everything has been said.
  But the one thing I don't want to happen is for people to be 
critical: We didn't have enough time; we didn't have enough opportunity 
to debate.
  Our willingness to at least present why we believe Miguel Estrada is 
extremely well qualified is close to being fulfilled. And if we get to 
the point where there is nothing more to say on the other side of the 
aisle, then we would expect, if that is the case, an up-or-down vote. I 
think that signal is being sent strongly through our colleagues and 
what has happened on the floor this week.
  I think America is paying attention, recognizing that at this 
juncture, we believe Miguel Estrada is well qualified and that there is 
a critical, drastic shortage of Federal judges today. When you put 
those two together--that we feel strongly Miguel Estrada is a well-
qualified judge and that there is a drastic shortage of judges and our 
responsibility to address that issue, which we are doing well on the 
floor now--we would expect that up-or-down vote in the next couple of 
days.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Mr. President, I compliment the leader. In the short time 
he has been leader, he has allowed full and adequate debate. He could 
have tried to stop debate on the omnibus bill, and the leader chose not 
to do that, and I think it worked to everyone's advantage. On this side 
of the aisle, we appreciate that very much.
  I do say, though, speaking as one Senator, but having spent a little 
time on this floor, just about everything has been said about Miguel 
Estrada. There will be other people who wish to make statements. As I 
said, everything has been said but not everyone has said it. We will do 
everything we can to make sure everyone has said it. The majority 
leader is going to find there will be other issues spoken about here. 
We are not going to--there is no reason to mince around. We are not 
going to allow an up-or-down vote on Miguel Estrada. That is clear.
  Our leader gave a speech yesterday to that effect. So the majority 
leader has to make a decision whether this nomination is going to be 
pulled, whether the memos will be supplied to us so we can review them, 
whether there is going to be more opportunity to ask questions, or 
whether there is going to be a vote on cloture. Those are the three 
choices the leader has.
  Mr. FRIST. Mr. President, I agree, in essence, those are the three 
choices, and as majority leader, I consider what I feel is stalling on 
this nomination and not allowing an up-or-down vote of sufficient 
importance that we will continue to address it. There are many other 
important issues this Senate must address. If we could just agree on an 
up-or-down vote right now, which the distinguished assistant Democratic 
leader has said they are not going to do on the other side of the 
aisle, we could go on to address these other important issues.
  I do want to make it clear, both to this body, to the House of 
Representatives, and to America, this side of the aisle is ready for an 
up-or-down vote since, as we just agreed, there has probably already 
been adequate debate put forward, and I think it is important for 
America to understand your side of the aisle--whether you use the word 
``filibuster'' or not--is obstructing or stalling the process which is 
important to our judicial system and to our responsibilities, our 
constitutional responsibilities in this body.

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