[Congressional Record Volume 149, Number 135 (Monday, September 29, 2003)]
[Senate]
[Pages S12125-S12127]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
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NOMINATION OF CARLOS T. BEA, OF CALIFORNIA, TO BE UNITED STATES CIRCUIT
JUDGE FOR THE NINTH CIRCUIT
The PRESIDING OFFICER. Under the previous order, the hour of 5:30
having arrived, the Senate will proceed to executive session to
consider the following nomination which the clerk will report.
The legislative clerk read the nomination of Carlos T. Bea, of
California, to be United States Circuit Judge for the Ninth Circuit.
The PRESIDING OFFICER. There are 2 minutes divided for debate on the
nomination.
Mr. HATCH. Mr. President, I am pleased that we are considering the
nomination of Judge Carlos Bea to serve on the U.S. Court of Appeals
for the Ninth Circuit. He has had an exemplary legal career in
California as a successful attorney and an impartial
[[Page S12126]]
jurist, and will serve with honor and distinction on the ninth circuit.
After a distinguished 32-year career in private practice, Judge Bea
was appointed and subsequently elected to his current position as a
judge on the San Francisco Superior Court in 1990. He was re-elected,
without opposition, to the Superior Court bench in 1996 and 2002. In
this capacity, he has handled literally thousands of cases and presided
over hundreds of trials. In fact, his colleagues and attorneys who
practice before him have commented publicly that Judge Bea is at his
best when handling complex trials and difficult legal issues.
As with other nominees to the ninth circuit that this committee has
considered this year, Judge Bea's colleagues overwhelmingly support his
confirmation to the Federal appellate bench. Thirty-seven judges of the
San Francisco Superior Court, who serve with Judge Bea and work with
him every day, sent a letter to the committee praising his skills as a
jurist, and recognizing his service on many of the Superior Court's
management committees. He also serves, at the State level, on the
California Judicial Council's Advisory Committee on Access and
Fairness.
In addition to his Superior Court colleagues, California Supreme
Court Justice Carlos Moreno, San Francisco Mayor Willie Brown, and
representatives of the San Francisco Bay Area's Hispanic community all
wrote to the Judiciary Committee, expressing enthusiastic support for
Judge Bea's confirmation to the ninth circuit.
I join them in strong support for Judge Bea's confirmation and urge
my colleagues to do likewise.
I yield the floor.
Mr. LEAHY. Mr. President, tonight the Senate votes on the nomination
of Judge Carlos Bea of California to the ninth circuit. In just 9
months this year, the Senate has confirmed 58 of President Bush's
judicial nominees, which is more than Republicans allowed to be
confirmed for President Clinton in 4 of the 6 years of Republican
control. In fact, in just 9 months this year, the Republican led Senate
has confirmed the same number of judicial nominees as they allowed for
President Clinton in all 12 months of 1995. I recall well that the
following annual session, 1996, Republicans allowed only 17 judicial
nominees to be confirmed all year and not a single circuit court
nominee was allowed a confirmation vote by the Senate.
I am glad that, in moving the nomination of Judge Bea to the ninth
circuit, the Republican leadership has chosen not to follow the
delaying approach they took on the nominations of two other Latino
circuit court nominees of President Bush, Judge Edward Prado to the
fifth circuit and Judge Consuelo Callahan to the ninth circuit. The two
Democratic home State Senators support the nomination of Judge Bea and
have worked to expedite his consideration. I expect most if not all
Democratic Senators will vote to confirm him, just as they did Judge
Prado and Judge Callahan and the scores of Hispanic nominees we have
worked so hard to confirm over the last 11 years.
For 2 full years this White House refused to nominate any Latino for
the circuit courts other than the highly divisive and controversial
nomination of Miguel Estrada. Then the White House refused to work with
the Senate to provide the information needed to consider that
nomination. Ultimately Mr. Estrada asked that his nomination be
withdrawn so that he could devote his attention to his law practice at
a prestigious law firm. The Republican leadership delayed Senate
consideration of Judge Edward Prado's nomination for a month, then
delayed consideration of the nomination of Judge Consuelo Callahan.
Their false claim of anti-Hispanic bias among Democrats has been
rebutted by the facts.
Democrats have voted to confirm 13 Latinos nominated by President
Bush to the Federal courts. Last Congress, Senate Democrats swiftly
confirmed six Latino judicial nominees chosen by President Bush--
Christina Armijo of New Mexico, Judge Phillip Martinez of Texas, Randy
Crane of Texas, Judge Jose Martinez of Florida, Magistrate Judge Alia
Ludlum of Texas, and Jose Linares of New Jersey. This Congress,
Democrats have unanimously supported the confirmation of seven other
Latino judicial nominees--Edward Prado of Texas to the fifth circuit,
Consuelo Callahan of California to the ninth circuit, S. James Otero of
California, Cecilia Altonaga of Florida, Xavier Rodriguez of Texas, and
Frank Rodriguez Montalvo of Texas. And today we vote on the nomination
of Judge Bea.
Democrats supported the appointment of 11 Latinos nominated by
President Clinton to the appellate courts, but Republicans blocked 3 of
them. Of the 12 Latino appellate judges currently seated in the Federal
courts, 8 were appointed by President Clinton and 2 by President Bush.
Republicans blocked six Latino nominees of President Clinton from
ever receiving a vote--three for the circuit courts and three for the
district courts. Republicans blocked Enrique Moreno, who President
Clinton nominated to the fifth circuit; Jorge Rangel, who President
Clinton nominated to the fifth circuit; and Christine Arguello, who
President Clinton nominated to the tenth circuit. In addition,
Republicans refused to allow votes on district court nominees, Ricardo
Morado, R. Samuel Paz, and Anabelle Rodriguez. Although Republicans
denied confirmation votes for six Latinos nominated by President
Clinton, among the more than 60 other judicial nominees, Democrats have
opposed only a handful of President Bush's judicial nominees.
Many Hispanic nominees of President Clinton were also delayed by
Republicans including immigrants Judge Rosemary Barkett and Judge Sonia
Sotomayor, as well as Mexican-Americans Judge Richard Paez and Judge
Hilda Tagle. Republicans filibustered Judge Paez's nomination for more
than 4 full years before finally allowing him a confirmation vote.
Like many of President Clinton's Hispanic nominees, Judge Bea's
nomination is supported by the Mexican American Legal Defense and
Education Fund and others in the local community.
After today's vote, the Senate's tally is 158 to 3 with 158 lifetime
judicial nominations confirmed and three of the most extreme having
been blocked. This stands in stark contrast to the Republican record
during their prior 6 years of control of the Senate, when Republicans
allowed the confirmation of 248 of President Clinton's judicial
nominees and blocked confirmation votes on 63 of his judicial nominees,
20 percent. The historical record shows that in 6 years of control,
Republicans blocked votes on almost two dozen of President Clinton's
circuit court nominees, including five nominees for the fourth Circuit,
three for the fifth Circuit, three for the sixth Circuit, three for the
ninth Circuit, two for the tenth Circuit and two for the D.C. Circuit.
Indeed, in the third and fourth year's of President Clinton's second
term, when they controlled the Senate majority and timetable, less than
half of President Clinton's circuit nominees were confirmed. Despite
this history, Democrats held the first hearings and votes in years for
President Bush's nominees to the fourth, fifth, sixth, tenth and D.C.
Circuits. Only a handful of the most extreme or controversial nominees
of President Bush have been blocked from receiving votes.
Despite the recent past when Republicans blocked so many more circuit
court nominees of President Clinton, they seem determined to use
judicial nominations for their 2004 election strategy. As the Los
Angeles Daily Journal reported last week:
Despite the fact that judicial nominations barely register
on the public's radar screen, Republicans say the issue is a
good one for them. They plan to continue to push hard for
Bush's nominees, even in the face of firm Democratic
opposition. And, they believe, the more nominees that
Democrats block, the more the Republican charge of Democratic
``obstructionism'' will resonate with voters, ultimately
paying dividends in the 2004 elections, especially in the
South. ``Our strategy has been: We don't want to see these
people go down, but if they're going to go down, the
Democrats have to hurt for it,'' said the [Republican] aide.
Bush himself has said he intends to make his judicial
nominees an issue in 2004. ``I'm reminding people of the
issue of judges,'' Bush said in a round-table meeting with
Texas reporters last week. ``I will elevate this issue as the
course of the campaign goes on.''
For 5 of the 6 full years that Republicans controlled the Senate
during the Clinton administration they did not allow 12 circuit court
nominees to be confirmed all year. With Judge Bea's
[[Page S12127]]
confirmation, Democrats will have joined in the confirmation of far
more circuit court nominees of this President than Republicans allowed
on average for President Clinton. In the years 1995 through 2000 just
seven circuit court nominees were allowed to be confirmed per year on
average. This is the twelfth circuit judge confirmed in the last 9
months. This is in addition to the 17 circuit judges confirmed while I
chaired the Judiciary Committee and Democrats made up the Senate
majority in 2001 and 2002. That totals 29 circuit judges confirmed in
the last 26 months.
Republicans do not want to discuss these facts and seem to hope that
the American public is not closely watching the actual work of the
Senate since 1995. Far from being obstructionist, Senate Democrats have
been accommodating in confirming the vast majority of President Bush's
judicial nominees, 150 so far. Despite the very real Republican
obstruction of dozens and dozens of President Clinton's judicial
nominees, we have turned the other cheek in voting for President Bush's
very conservative nominees to seats kept open by Republican obstruction
of President Clinton's nominees.
As a consequence, there are now fewer vacancies on the Federal courts
today and earlier this year than at any time in the past 13 years. Had
we not created new seats for this President to fill, we would be at the
all-time low vacancies of the Reagan administration. There are more
lifetime appointed Federal judges serving on the bench today than at
any time in American history. This is hardly the portrait of
obstructionism that Republicans will try to sell to the American
people.
We have been fair but we will not be rubberstamps for this or any
administration. The stakes are too high and the Constitution is too
important to do otherwise.
Mrs. BOXER. Mr. President, I want to comment on the nomination
currently pending before the Senate, Judge Carlos Bea for the Ninth
Circuit Court of Appeals.
I was delighted to meet Judge Bea and his family at his Judiciary
Committee hearing earlier this month.
Judge Bea was born in Spain but has lived in California for most of
his life. He received both his undergraduate and law degrees from
Stanford University. He practiced law in the San Francisco area for
over 30 years before he was appointed a judge on the San Francisco
Superior Court. He was elected to the seat in 1990 and has been
reelected twice by the voters of San Francisco. He has also taught at
Stanford and Hastings law schools.
In addition to his accomplishments in the legal community, Judge Bea
is also an Olympic athlete. He played on the Cuban national basketball
team during the 1952 Olympic games.
As a judge, he is widely respected for his keen intelligence. As one
reporter noted, ``he has received high marks for his specialty,
handling complex civil litigation disputes.''
I intend to support this nomination.
The PRESIDING OFFICER. If all time is yielded back, the question is
on the nomination.
Mr. REID. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The PRESIDING OFFICER (Mr. Talent). The question is, Will the Senate
advise and consent to the nomination of Carlos T. Bea, of California,
to be United States Circuit Judge for the Ninth Circuit.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. McCONNELL. I announce that the Senator from Kansas (Mr. Roberts)
and the Senator from Rhode Island (Mr. Chafee) are necessarily absent.
Mr. REID. I announce that the Senator from Delaware (Mr. Biden), the
Senator from New Jersey (Mr. Corzine), the Senator from Illinois (Mr.
Durbin), the Senator from North Carolina (Mr. Edwards), the Senator
from Florida (Mr. Graham), the Senator from Vermont (Mr. Jeffords),
the Senator from Massachusetts (Mr. Kerry), the Senator from New Jersey
(Mr. Lautenberg), the Senator from Connecticut (Mr. Lieberman), the
Senator from Arkansas (Mrs. Lincoln), and the Senator from Oregon (Mr.
Wyden) are necessarily absent.
I also announce that the Senator from Rhode Island (Mr. Reed) is
absent attending a funeral.
I further announce that, if present and voting, the Senator from
Massachusetts (Mr. Kerry) and the Senator from New Jersey (Mr.
Lautenberg) would each vote ``yea.''
The PRESIDING OFFICER (Ms. Murkowski). Are there any other Senators
in the Chamber desiring to vote?
The result was announced--yeas 86, nays 0, as follows:
[Rollcall Vote No. 368 Ex.]
YEAS--86
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chambliss
Clinton
Cochran
Coleman
Collins
Conrad
Cornyn
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Inhofe
Inouye
Johnson
Kennedy
Kohl
Kyl
Landrieu
Leahy
Levin
Lott
Lugar
McCain
McConnell
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reid
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
NOT VOTING--14
Biden
Chafee
Corzine
Durbin
Edwards
Graham (FL)
Jeffords
Kerry
Lautenberg
Lieberman
Lincoln
Reed
Roberts
Wyden
The nomination was confirmed.
The PRESIDING OFFICER. The President will be notified of the Senate's
action.
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