[Congressional Record Volume 151, Number 28 (Thursday, March 10, 2005)]
[Senate]
[Page S2415]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          JUDICIAL NOMINATIONS

  Mr. CARPER. Mr. President, I came to the floor today to talk about 
bankruptcy reform and the need to enact legislation dealing with 
bankruptcy reform. Before I do that, given the comments of our esteemed 
leaders, Senator Byrd and Senator Hatch, I feel compelled to say 
something first with respect to judicial nominations.
  This 109th Congress, in my view, has begun with much promise. We have 
taken steps to begin to restore a sense of balance in our legal 
systems--the system of civil justice to make sure that little people 
harmed by big companies have a chance to band together and be made 
whole, and at the same time make sure that companies defended in class 
action lawsuits have a fair trial in a court where the deck is not 
stacked against them.
  We are on the verge of passing significant and needed bankruptcy 
reform legislation. A conference on energy policy is taking place that 
will reduce our dependence on foreign oil, which has the promise also 
of increasing our reliance on renewable forms of energy and cleaning up 
our air, reducing sulfur dioxide emissions, nitrogen dioxide, mercury, 
and even carbon dioxide.
  We have just reported out of the Finance Committee legislation that 
will better ensure that work pays more than welfare to help people make 
that transition from welfare to work. We are close to consensus on 
overhauling our postal system and taking the 1970s model created under 
the leadership of Senator Stevens--who has joined us on the floor--to 
bring that into the 21st century.
  There is much promise. There is much that can be done and ought to be 
done.

  I fear that we are approaching a precipice that we may fall off--both 
parties, Democrats and Republicans--which is going to render us unable 
to achieve what I think would be a very fruitful session in this 
Congress. Reason must prevail here. Democrats will not always be in the 
minority; the Republicans will not always be in the majority; 
Republicans will not always hold the White House. We have to figure out 
some way to work through our divisions on the nomination of judges.
  It is sort of ironic in the first term of President Bush's 
administration that 95 percent of his nominees were approved, compared 
to President Clinton's success rate of about 80 percent over the 8 
years he served.
  We need to be able to establish a system of checks and balances. We 
don't want to be obstructionists; we don't want one party to basically 
call the shots in the executive and legislative branches, and stack the 
decks in our courts.
  I encourage our leaders, as I have done privately, Senator Reid and 
Senator Frist, to sit down--if they have done it, to do so again--and 
have a heart to heart.
  I urge colleagues on both sides of the aisle who want this place to 
work, who want us to do the people's business, to work and find a way 
out of this bind.

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