[Congressional Record Volume 154, Number 85 (Thursday, May 22, 2008)]
[Senate]
[Pages S4771-S4772]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              NOMINATIONS

  Mr. WHITEHOUSE. Mr. President, as a member of the Judiciary 
Committee, let me indicate that we are not entirely unfamiliar on the 
Judiciary Committee with Judge White. She was actually an appointee of 
President Clinton. For many months, she languished before the committee 
when it was under Republican control. So she should be a judge with 
whom at least a considerable number of the members of the Judiciary 
Committee would have been familiar from her previous appointment. Any 
suggestion that she was a new arrival or a novelty of some kind to the 
committee would not be accurate.
  Mr. President, I ask unanimous consent to have printed in the Record 
an April 30, 2008, letter to the Republican leader and the ranking 
member of the Judiciary Committee signed by the majority leader, 
indicating, among other things, the following:

       In a floor statement on April 15 I pledged my best efforts 
     to have the Senate consider three circuit court nominations 
     prior to the Memorial Day recess. I stand by my pledge. I 
     cautioned explicitly that ``I cannot guarantee'' this outcome 
     because it depends upon factors beyond my control. 
     Nonetheless, I remain optimistic we can meet that goal.

  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                      U.S. Senate,


                                Office of the Majority Leader,

                                   Washington, DC, April 30, 2008.
     Hon. Mitch McConnell,
     Senate Minority Leader,
     Washington, DC.
     Hon. Arlene Specter,
     Ranking Member, Senate Judiciary Committee, Washington, DC.
       Dear Senators McConnell and Specter: Thank you for your 
     letter yesterday regarding judicial nominations.
       In a floor statement on April 15 I pledged my best efforts 
     to have the Senate consider three circuit court nominations 
     prior to the Memorial Day recess. I stand by my pledge. I 
     cautioned explicitly that ``I cannot guarantee'' this outcome 
     because it depends upon factors beyond my control. 
     Nonetheless, I remain optimistic we can meet that goal.
       A hearing for Fourth Circuit nominee Steven Agee, as well 
     as district court nominees recommended by Senators Lugar and 
     Kyl, will take place tomorrow afternoon. A hearing for Sixth 
     Circuit nominees Raymond Kethledge and Helene White, as well 
     as a Michigan district court nominee, will take place next 
     Wednesday. Senator Leahy has expedited consideration of the 
     Michigan nominees in light of my April 15 remarks.
       Nothing in my pledge regarding judicial nominations 
     deprived Chairman Leahy of his prerogative to determine the 
     sequence of nomination hearings in 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 sixty of President Clinton's nominees were denied 
     hearings or floor consideration.
       The Democratic majority has treated President Bush's 
     judicial nominations with far greater deference than 
     President Clinton was afforded by a Republican-controlled 
     Senate. Three-quarters of President Bush's court of appeals 
     nominees have been confirmed; in contrast, only half of 
     President Clinton's appellate nominations were confirmed. 
     Altogether, 145 of President Bush's judicial nominees, 90 
     percent of them, have been confirmed in the years that 
     Democrats have controlled the Senate. Last year the Senate 
     confirmed 40 judges, more than during any of the three 
     previous years with Republicans in charge. The federal 
     judicial vacancy rate is the lowest it has been in years.
       Chairman Leahy and I will continue to work with you both to 
     process judicial nominations in due course, consistent with 
     the Senate's constitutional role.
           Sincerely,
                                                       Harry Reid.


[[Page S4772]]


  Mr. WHITEHOUSE. Mr. President, thank you. I appreciate that.

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