[Congressional Record (Bound Edition), Volume 149 (2003), Part 4]
[Senate]
[Page 4275]
[From the U.S. Government Publishing Office, www.gpo.gov]




                                SCHEDULE

  Mr. BENNETT. Mr. President, the Senate will spend the day in 
executive session deliberating, once again, and for the ninth day, the 
nomination of Miguel Estrada to be a circuit court judge for the DC 
Circuit. The Senate will recess from 12:15 to 2:30 for the weekly party 
lunches. Between now and the next recess we have a number of important 
issues that the majority leader would like to see addressed. Therefore, 
he hopes we can get passed this delay and let the Senate work its will 
on this nomination. Senators should be advised, therefore, that 
rollcall votes are possible during the day.
  The PRESIDENT pro tempore. The deputy minority leader.
  Mr. REID. Mr. President, I say to my friend--in fact, the two 
Senators from Utah--that, as I indicated to the majority leader last 
night, there are three ways we can move off Estrada. The nomination can 
be pulled. The decision can be made by this administration that he will 
supply the memos from the Solicitor's Office while he worked there that 
he wrote and allow more questioning of Estrada. Thirdly, the majority 
leader can file a motion to invoke cloture to see if there are the 60 
votes to move ahead.
  If that does not happen, we can stay on Estrada for a long time. If 
there are other things to do--and I mentioned yesterday I doubt that 
there are--if there are other things to do, then let's move to those. 
If not, then we can stay in this procedural quagmire, which is 
something that has been done in the past.
  As I indicated yesterday, there have been, of course, filibusters of 
Presidential nominations in the past and Presidential nominations of 
judges. They usually are not as open and notorious as this, the reason 
being they come at a later time in the session where time is of the 
essence. Now time is not of the essence. There are other things that 
the leader has decided are not important enough to be on the floor at 
this stage.
  So I would hope that everyone would understand that we are anxious to 
move on to other judicial nominations. We are anxious to move on to 
other legislative matters. But as long as Miguel Estrada refuses to 
answer the questions or to submit the memos that we have requested, 
this is going to be the procedural posture of the Senate.
  The PRESIDING OFFICER (Mr. Cornyn). The Senator from Utah.
  Mr. HATCH. Mr. President, I have listened to the distinguished 
Senator from Nevada, and I have a few things to say.
  Mr. President, I rise today to address, once again, the nomination of 
Miguel Estrada for the United States Court of Appeals for the District 
of Columbia Circuit.
  Are we ready to go?
  The PRESIDING OFFICER. Will the Senator suspend for the Senate to lay 
down the pending orders, please.

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