[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

                                 ______
                                 

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.

                          ____________________