[Congressional Record Volume 150, Number 102 (Wednesday, July 21, 2004)]
[Senate]
[Page S8539]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   NOMINATION OF WILLIAM G. MYERS III

  Mr. JOHNSON. Madam President, yesterday the Senate voted on the 
nomination of William G. Myers III who has been nominated for a 
position on the Ninth Circuit Court of Appeals. The Ninth Circuit 
includes most western States as well as Alaska and Hawaii. These 
western States contain a vast portion of our natural resources and is 
home to many of our Native Americans, Alaskan Natives and Hawaiian 
natives.
  President Bush nominated Mr. Myers on May 15, 2003 while he served as 
Solicitor General for the Department of Interior. He was voted out of 
the Judiciary Committee on April 1, 2004, by a party line vote of 10-9.
  A large portion of Mr. Myers' 22-year legal career has been in 
Washington working as a lobbyist and as a governmental lawyer in 
Republican administrations. During his legal career, Mr. Myers has 
never served in a judiciary capacity; he has never participated in a 
trial, and has received a partial Not Qualified rating from the 
American Bar Association, its lowest rating.
  During his tenure as Solicitor General he has shown his contempt for 
environmental protections and has disregarded the necessary input of 
Native Americans into decisions that directly affect them. As 
Solicitor, he reversed an opinion made by his predecessor during the 
Clinton administration regarding the interpretation of a statute. This 
reversal led to the issuanc of a permit to the Glamis Company to open 
and operate the Glamis Imperial Mine on Quechan Indian Sacred land. The 
decision to overturn this opinion was done without government-to-
government consultation with the Quechan Indian Tribe, which is 
required by the policies implemented by the executive branch. Despite 
requests made by the Quechan Indian Tribe to meet with the Interior 
Department, he never made any attempts to convene with the tribe while 
Solicitor, yet had several meetings with the Glamis Company regarding 
this gold mine.
  Mr. Myers placed his mining industry ties before all others. It is 
his judgment demonstrated here that lead the nonpartisan National 
Congress of American Indians to oppose this judicial nomination for the 
first time in this organization's 60-year existence.
  The nomination of Mr. Myers is opposed by more than 175 
environmental, Native American, labor, civil rights, disability rights, 
women's rights and other organizations. The New York Times, the Los 
Angeles Times, and the San Francisco Chronicle have editorialized in 
opposition to his confirmation.
  Now, I point out that I have voted and the Senate has confirmed many 
conservative judges. Do I like their politics? Probably not. Will I be 
happy with their rulings all of the time? No. Do I think they can 
resist partisan activism while serving on the bench? Yes. Regardless of 
a judge's political leanings, I will support a nominee who understands 
and is respectful of the rule of law. It is apparent that Mr. Myers 
will put industry ahead of our environment, the sacred land rights of 
Native Americans, and most importantly what is in the best interest of 
the general public.

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