[Congressional Record Volume 153, Number 29 (Thursday, February 15, 2007)]
[Senate]
[Page S1984]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              NOMINATIONS

  Mr. McCONNELL. Mr. President, let me echo the remarks of my good 
friend, the majority leader, about the circuit court judge situation. 
We are off to a good start. I wish to thank him, and I wish to thank 
Chairman Leahy for moving the Randy Smith nomination to the Ninth 
Circuit. As the majority leader has indicated, that vote will be at 
10:30. We have had very good conversations, the majority leader and 
myself, about restoring comity to the Senate on the business of dealing 
fairly with the President's nominations for circuit court judgeships.
  The President has met the Senate halfway--some would say more than 
halfway--demonstrated by his actions at the beginning of the Congress 
and by the people he has chosen to resubmit for our consideration. The 
President's efforts have been recognized and lauded by the Washington 
Post, the Los Angeles Times, and several other publications. These 
papers have noted the burden is now on the Senate to reciprocate and 
treat the President's nominees fairly, and we are off to a good start 
in doing that.
  Moving the Smith nomination today is an act of good faith on the part 
of the majority leader and Senator Leahy, which I and others on this 
side of the aisle appreciate. It is a good beginning. Of course, it is 
only a beginning, but it is a good beginning. As I have said, the 
President should be treated as fairly as his three immediate 
predecessors, each of whom finished their terms with the Senate in 
control of the opposition party. Yet those Presidents received an 
average of 17 circuit court nominations confirmed. If this President is 
not treated as fairly as his predecessors, then, of course, the comity 
and cooperation in the Senate might be harder to come by. But there is 
no indication that will be the case, and I am not predicting it. In 
fact, I am optimistic we are going to be able to move through these 
nominations with a high level of fairness and comity. Again, I wish to 
thank both Senator Reid and Chairman Leahy for their fair treatment of 
this first judge as we begin to move down the path toward getting a 
reasonable number of circuit court nominees confirmed during this 2-
year period.
  I yield the floor.


                           order of procedure

  Mr. REID. Mr. President, I ask unanimous consent that there be 2 
minutes equally divided between the votes on the judicial nominations 
with the time equally divided and controlled between the chairman and 
ranking member of the Judiciary Committee.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

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