[Congressional Record Volume 149, Number 32 (Thursday, February 27, 2003)]
[Senate]
[Pages S2903-S2904]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                       Judiciary Committee Action

  Mr. DASCHLE. Mr. President, I wanted to come to the floor this 
afternoon to discuss a matter that occurred in the Judiciary Committee 
today that is deeply troubling.
  During a mark-up of 3 controversial circuit court nominees, the 
Chairman of the Judiciary Committee refused to observe the long-
standing rules of the committee and brought two circuit court 
nominations to a vote despite the fact that there was a desire by 
several members of the minority to continue debate.
  This situation is very specifically addressed by Committee Rule No. 
4, which reads as follows:

       The Chairman shall entertain a non-debatable motion to 
     bring a matter before the Committee to a vote. If there is 
     objection to bring the matter to a vote without further 
     debate, a rollcall vote of the Committee shall be taken, and 
     debate shall be terminated if the motion to bring the matter 
     to a vote without further debate passes with ten votes in the 
     affirmative, one of which must be cast by the Minority.

  At the time that the chairman attempted to bring the nominations of 
John Roberts and Deborah Cook to a vote, objections were lodged by at 
least 2 members of the committee.
  In fact, I believe that this rule was read into the Record in an 
effort to make clear to the chairman that it was not appropriate under 
the committee rules to bring these matters to a vote.
  Despite the fact that this action represented a clear violation of 
the committee rules, the chairman ended debate on these nominations and 
conducted a roll call vote.
  This reckless exercise of raw power by a chairman without regard to 
the agreed-upon standards of conduct that members of the committee have 
agreed to is ominous.
  Senate committees either have rules or they do not. It cannot be the 
case that the rules of a committee will apply unless the chairman deems 
them inconvenient or an obstacle to a goal he seeks at any given 
moment.
  This body has, for over 200 years, operated on the principle that 
civil debate and resolution of competing philosophies require rules. If 
the actions taken today indicate the new standard to which the majority 
plans to hold itself, then I propose that we simply repeal committee 
rules altogether and acknowledge that ``might makes right'' and there 
is no respect for minority interests.
  How can we expect the Judiciary Committee to place on the bench 
individuals who respect the rule of law if the very process that the 
committee uses to confirm those individuals violates the Senate rules 
themselves?
  I hope that upon reflection the chairman of the Judiciary Committee 
will reconvene the committee and allow for the committee to report out 
these nominations in a manner that is consistent with the committee 
rules.
  If not, he must recognize that he is setting a terrible precedent 
regarding the operation of Senate committees in the future, regardless 
of which party may be in control.
  Mr. President, I am very deeply troubled. This is a body of rules. 
This is a

[[Page S2904]]

country of laws. I cannot imagine that there is ever a time that any 
one of us--any one of us--ought to be in a position to say: The rules 
in this case are not going to apply, the law in this case will not 
apply.
  And how ironic--how ironic--that in the Judiciary Committee, the 
committee which passes judgment on those who will interpret the rule of 
law, that very committee violated the rule today.
  So, Mr. President, we call attention to this extraordinary 
development with grave concern about its implications, about its 
precedent, about the message it sends. And I must say, it will not be 
tolerated.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.