[Congressional Record Volume 154, Number 82 (Monday, May 19, 2008)]
[Senate]
[Pages S4291-S4292]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              NOMINATIONS

  Mr. REID. Madam President, I expect the Senate will consider the 
nomination of Steven Agee to a Virginia seat on the Fourth Circuit 
Court of Appeals.

[[Page S4292]]

  Judge Agee is currently a member of the Virginia Supreme Court. His 
nomination to the Federal bench is supported by both Senators Webb and 
Warner, and I am confident he will be confirmed overwhelmingly.
  Several weeks ago, I pledged my best efforts to have, by the Memorial 
Day recess, three circuit court nominations completed--by Memorial Day, 
as I said. I explicitly said at that time that ``I cannot guarantee'' 
three confirmations because the outcome would depend on factors that 
are certainly beyond my control. Still, Senator Leahy and I have worked 
hard to move three appellate nominees this month. Judge Agee is one of 
those three. The next two it appears, in line are Sixth Circuit 
nominees Raymond Kethledge and Helene White, both of Michigan.
  These nominees are the product of an agreement between the White 
House and Senators Levin and Stabenow. It took about 5 or 6 years to 
work out this agreement, but we now have a chance to fill the vacancies 
on that circuit.
  Senator Leahy expedited consideration of the Michigan nominees in 
light of the pledge I made. I did that with the full understanding of 
Senator Leahy. Unfortunately, though, Senators on the Republican side 
on the Judiciary Committee have delayed consideration of Judge White.
  I do not know what you would say about what took place at our 
hearing. Senators have a right to ask questions. They can ask 
questions. There is certainly leeway. They can basically ask anything 
they want, and they did. They, following the hearing, asked a total of 
73 separate written questions, and some of them were very, very time 
consuming. As I said, every Senator has a right to ask questions of a 
nominee, but the number and nature of the questions posed to Judge 
White suggest there was more to it than just the questions. They went 
into some things very personal in nature that I am not certain were 
probative as to this good woman's ability to be a circuit court judge.
  In addition, Republicans have insisted that the nomination not move 
forward until Judge White's ABA review is complete. That is fine with 
us. They have that right. But in this case, it is ironic they would 
make that request since she was rated qualified by the ABA 10 years ago 
when Republicans blocked her nomination from moving forward. Since that 
time, she has been a sitting Michigan appellate court judge.

  It is still possible the Senate will consider these two Michigan 
nominees before the recess. But if it does not happen, it will be 
despite my best efforts. I indicated I want to do everything I can to 
complete this. But we have to have the ABA report, and these questions, 
as I have indicated, have to be completed.
  It is pretty clear these 34 numbered questions I have talked about--a 
number of them were compound questions, and that is how we arrived at 
the number 73--some of these are straightforward questions about 
judicial philosophy, but there are a number of others that are very 
time consuming and I am not sure bear on her qualifications. But they 
have a right to ask those questions.
  For example, Senator Sessions asked Judge White to compile her 
caseload statistics as compared with other judges on her court, 
including the median time intervals between case filing and date of 
disposition. Think about that. That is a lot of work, a lot of math. 
Senator Specter asked her to supply names and addresses of the groups 
involved in panel discussions, conferences, and meetings she attended, 
as well as numerous unpublished opinions.
  These are not unreasonable questions, but they are time consuming and 
they were submitted right before the deadline for submitting written 
questions to the nominee.
  In contrast, Republicans asked Mr. Kethledge--the so-called 
Republican nominee--the other Michigan nominee, only seven questions, 
and they were all pretty easy; none of them burdensome questions.
  Republicans preferred that Chairman Leahy, I guess, consider other 
nominees before the Michigan nominees, but nothing in my pledge 
regarding judicial nominations deprives Chairman Leahy of his 
prerogative to determine the sequence of nominations that would come 
before his committee.
  No one presumed to instruct Senator Specter about the sequence of 
nominations during the years he served as chairman of the Judiciary 
Committee. And certainly Senator Hatch exercised the chairman's 
prerogatives freely during the years in which more than 60 of President 
Clinton's nominees were denied hearings or floor consideration.
  Chairman Leahy and I will continue to process judicial nominations in 
due course, consistent with the Senate's constitutional role. 
Consideration of Judge Agee's nomination tomorrow is consistent with 
that goal.
  Madam President, is there going to be a period of morning business 
now?

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