[Congressional Record Volume 149, Number 32 (Thursday, February 27, 2003)]
[Senate]
[Pages S2875-S2876]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                SCHEDULE

  Mr. FRIST. Mr. President, the Senate will spend the day in executive 
session trying to reach an agreement for a time to vote on the Estrada 
nomination.
  Yesterday, every issue raised by my colleagues on the other side of 
the aisle was answered by Chairman Hatch and my Republican colleagues 
in a 2-hour, rapid paced, very responsive question-and-answer colloquy, 
designed to further clarify the Record. We continued the discussion 
well into the evening. I think we closed the Senate at about 2 o'clock 
in the morning. That partly explains starting a bit later today.

[[Page S2876]]

  Mr. President, the Miguel Estrada nomination was submitted by 
President Bush in May 2001--almost 2 years ago. We know that he has not 
only the support of the majority party, but he has support from a 
majority of the Members--more than 51 Senators--in this body. And that 
was demonstrated in a letter that was sent by Senator McConnell and 51 
other colleagues to the President, dated February 25, 2003.
  Yet my colleagues on the other side of the aisle continue to practice 
justice delayed, which, incidentally, is increasingly being called, by 
the American people, justice denied, because that delay is denying the 
majority will of this body.
  My objective, since February 5--since this nomination came to the 
floor of the Senate--has been to provide all of our Senators with a 
forum for informed deliberation, for tempered deliberation, for 
thorough consideration. I have been very clear from the beginning that 
my intention was to have a vote--an up-or-down vote--and to move this 
nomination to the constitutionally mandated question: Will the Senate 
advise and consent to this nomination--yes or no, yea or nay, up or 
down? That is all that we ask.
  It is the majority leader's job, after consultation with the minority 
leader, to schedule this yea or nay vote. I have asked, on numerous 
occasions, for a time certain for this vote. Again and again, each of 
my requests has been rejected.
  The nomination has been pending now for 3 weeks--or more than 3 
weeks--and I do believe there has been ample time for Members to 
deliberate on this nominee. There is no doubt about the outcome if we 
are allowed to vote on it. The sheer number of signatures on that 
February 25 letter reflects that the confirmation would occur. Yet 
Democrats continue to refuse to set a time for this dispositive vote.
  So, once again, I say: Let's vote. I hope that Members do come to the 
floor during today's proceedings to discuss this important nomination.
  With respect to rollcall votes--because I know a number of our 
colleagues are very interested in what the plans will be for both 
today, tomorrow, and on Monday--I will be discussing the schedule with 
the Democratic assistant leader or the Democratic leader today in 
relation to the schedule so that very shortly we can determine when 
these votes will be scheduled.
  The Judiciary Committee is still meeting as we speak. But I hope to 
have some information here within the next hour or hour and a half so 
we can set up votes over the next couple days.
  The ACTING PRESIDENT pro tempore. The Democratic whip.
  Mr. REID. Mr. President, the two leaders have met several times in 
the last 12 hours. That is fair. And there is progress being made as to 
what the majority leader is going to do next week. We will be happy to 
cooperate in any way we can. We have this little dust-up here. We have 
to work around that.
  As I indicated--the leader was not on the floor at the time 
yesterday--we know we have a problem with the Estrada nomination.
  But we are not trying to delay. We have allowed the committees to go 
forward. We have tried to cooperate with the majority leader anytime he 
has had other legislation to bring forward. We will continue to do 
that. We just need to figure out some way to get through the 
parliamentary problem we have now with the Estrada nomination. We will 
continue to be advocates for our position in that regard, but we stand 
ready, as the majority leader has been told by Senator Daschle, to work 
with him in any way we can to help move legislation.
  Mr. FRIST. Mr. President, we will continue to work aggressively. I 
think everybody in this body understands our goal. I appreciate the 
good nature. We will continue to push forward for a vote. I did have 
the opportunity to talk to the leader on the other side of the aisle. 
The Democratic leader and I discussed plans over the next several 
weeks. That discussion is very important. I believe we are making 
progress there. Again, in terms of votes, either later today or 
tomorrow morning, hopefully within an hour or hour and a half, we can 
make decisions. In all likelihood, we will be voting Monday afternoon 
and throughout Tuesday.

                          ____________________