[Congressional Record Volume 161, Number 68 (Wednesday, May 6, 2015)]
[Senate]
[Pages S2659-S2660]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PRESIDENTIAL NOMINATIONS

  Mr. REID. Mr. President, we have all heard the legal maxim ``Justice 
delayed is justice denied,'' and it is really applicable to what is 
going on in the Senate today. Here in this body, justice is being 
delayed by the Republican majority. The refusal of the Senate 
Republicans to heed their constitutional duty to provide advice and 
consent on judicial nominations is an injustice to the American people.
  So far this year, the Senate has confirmed two judicial nominations--
just two--in more than 4 months. By contrast, in 2007, my first year as 
majority leader during the Bush administration, we had already 
confirmed 16 nominations. If the Republican majority keeps up their 
current trend of ignoring judicial nominees, by the end of this year we 
will have confirmed five for an entire year. The last time the Senate 
confirmed so few Presidential nominations was, unsurprisingly, when we 
had a Republican majority here in the Senate under the Clinton 
administration. It is funny how history repeats itself.
  The Federal courts depend on the Senate to do its job so justice can 
be dispensed in courtrooms all across the country. As of today, there 
are 55 Federal court vacancies, 24 of which are classified as 
emergencies. At the beginning of the year, there were only 12 judicial 
emergencies, but now it is double that--24. These vacancies create a 
backlog of cases, effectively delaying justice for plaintiffs and 
defendants, for prosecutors and the accused, and for the sitting judges 
who are trying their best to administer justice, but they can't do 
their work because they are so overwhelmed with work.
  This is about more than judges and lawyers. This is about the people 
who come before the courts, people who have cases that have been 
waiting and waiting. This is about a prosecutor who is going after 
somebody who, in their opinion, has done something really bad. We have 
all heard the expression ``They are trying to make a Federal case out 
of it.'' The reason they say that is because Federal prosecutors do 
such a great job. But if they have to wait and wait until there is 
availability in the courtroom, witnesses disappear and it makes it much 
more difficult.
  What has happened to our judicial system is, because of the 
Republicans, we are having justice delayed. This is unconscionable.
  It is no wonder Republicans are scrambling for cover on judicial 
nominations. They are scrambling because they have been ignoring their 
constitutional duty.
  This afternoon, the courts are going to be looked at by the Judiciary 
Committee. In fact, the committee is going to hold a hearing on several 
delayed judicial nominations. But everyone should look at Felipe 
Restrepo, the President's nominee to the Third Circuit Court of 
Appeals. That is in Pennsylvania and other places--a very important 
circuit. Despite being nominated by the President 6 months ago, this 
man is not even going to be on the calendar. And this is what was done 
previously. The man, my friend, who is chair of the Committee on 
Finance, was chair of the Judiciary Committee

[[Page S2660]]

back in those days, and he did the same thing--just ignored them, 
didn't even schedule them for a hearing. Senator Leahy has been to the 
floor many times--our past chair of the Judiciary Committee, now 
ranking member of the Judiciary Committee--talking about how bad that 
used to be, and now he is talking about how bad it is even today.
  So Restrepo and others will not be on the agenda. Despite the fact 
that this Philadelphia-based seat is a judicial emergency, they just 
ignore people like Restrepo. They say: We only have a few people on the 
calendar. Why aren't there more on the calendar?
  Because they won't schedule hearings. It is so unfair.
  Now Restrepo won't be on the agenda in spite of the fact that the 
junior Senator from Pennsylvania said Restrepo would be a ``superb 
addition to the third circuit.'' Why doesn't the junior Senator from 
Pennsylvania talk about this man being held up by his own party? There 
is no reason he has been held up for 6 months other than the 
Republicans simply want to do everything they can to create problems 
for President Obama. But it is not a problem for President Obama. 
President Obama is doing just fine. It is a problem for the people I 
have talked about--the prosecutors, those who are accused of crimes, 
plaintiffs and defendants in civil cases, and, of course, the judges.
  After having heard the statement from the junior Senator from 
Pennsylvania, I wonder what Pennsylvanians are thinking. Are they left 
wondering why this qualified judicial candidate is not moving forward 
and not a word from the junior Senator from Pennsylvania? Not a word.
  It appears Republicans are heeding calls from the far right to 
retaliate against President Obama by blocking judges. Republicans 
couldn't defend their trying to shut down the Department of Homeland 
Security. They tried. They tried to block Loretta Lynch's nomination, 
and they couldn't get that done. So now they want to block President 
Obama's judges.
  Our courts should be above political gamesmanship. Qualified judicial 
nominees such as Mr. Restrepo deserve a vote in the Senate.
  President Bush's judges were considered fairly when I was the 
majority leader, and there is no one who can say that nominees are now 
being handled fairly. It is certainly not unreasonable for Democrats to 
expect the same measure of cooperation and fairness from Republicans 
that I gave them. The American judicial system should not be taking a 
backseat to Republican politics here in the Senate, in our Nation's 
Capitol. If it were only the judges they are holding up, that would be 
one thing, but Republican Senators are holding up basically all his 
nominations, with rare exception. For example, the chief law 
enforcement officer of this country, Loretta Lynch, who is well 
qualified in every way--experience, education, and character--was held 
up for 6 months. If what they did in her case wasn't bad enough, they 
now are not allowing her to have the people she needs around her. They 
are not allowing a vote on her No. 1 assistant. It is unfair and just 
too bad that justice delayed is justice denied. I am sorry to say that 
is where we find ourselves today.

                          ____________________