[Congressional Record (Bound Edition), Volume 149 (2003), Part 10]
[Senate]
[Page 13235]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          JUDICIAL NOMINATIONS

  Mr. LEAHY. Mr. President, the Senate has confirmed 127 judges 
nominated by President Bush, including 100 in the 17 months in which 
Democrats comprised the Senate majority. Twenty-seven have now been 
confirmed in the other 12 months in which Republicans have controlled 
the confirmation process under President Bush. This total of 127 judges 
confirmed for President Bush is more confirmations than the Republicans 
allowed President Clinton in all of 1995, 1996 and 1997--the 3 full 
years of his last term. In those 3 years, the Republican leadership in 
the Senate allowed only 111 judicial nominees to be confirmed, which 
included only 18 circuit court judges. We have already exceeded that 
total by 14 percent and the circuit court total by 33 percent before 
Memorial Day and with 7 months remaining this year.
  The fact is that when Democrats became the Senate majority in the 
summer of 2001, we inherited 110 judicial vacancies. Over the next 17 
months, despite constant criticism from the administration, the Senate 
proceeded to confirm 100 of President Bush's nominees, including 
several who were divisive and controversial, several who had mixed peer 
review ratings from the ABA and at least one who had been rated not 
qualified. Despite the additional 40 vacancies that arose, we reduced 
judicial vacancies to 60, a level below that termed ``full employment'' 
by Senator Hatch. Since the beginning of this year, in spite of the 
Republicans' fixation on the President's most controversial 
nominations, we have worked hard to reduce judicial vacancies even 
further. As of today, the number of judicial vacancies has been reduced 
to 44 and is the lowest it has been in 13 years. That is lower than at 
any time during the entire 8 years of the Clinton administration. We 
have already reduced judicial vacancies from 110 to 44, in 2 years. We 
have reduced the vacancy rate from 12.8 percent to 5.1 percent, the 
lowest it has been in the last two decades. With some cooperation from 
the administration think of the additional progress we could be making.
  If the Senate did not confirm another judicial nominee all year and 
simply adjourned today, we would have treated President Bush more 
fairly and would have acted on more of his judicial nominees than 
Republicans did for President Clinton in 1995 to 1997. In addition, the 
44 vacancies on the Federal courts around the country are significantly 
lower than the 80 vacancies Republicans left at the end of 1997. Of 
course, the Senate is not adjourning for the year and Chairman Hatch 
continues to hold hearings for Bush judicial nominees at a rate of 
between two and four times as many as he did for President Clinton's.
  Unfortunately, far too many of this President's nominees raise 
serious concerns about whether they will be fair judges to all parties 
on all issues. Those types of nominees should not be rushed through the 
process. I invite the President to work with us and to nominate more 
mainstream individuals with proven records and bipartisan support.

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