[Congressional Record (Bound Edition), Volume 149 (2003), Part 4]
[Senate]
[Page 5432]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    FILIBUSTERS ON JUDICIAL NOMINEES

 Mrs. BOXER. Mr. President, last week in the Senate, I 
indicated that with the exception of Supreme Court nominees, I believed 
that if a judicial nominee answers the questions posed to him or her 
and provides the Senate with the information needed in order for us to 
perform our constitutional role of advice and consent, I would not 
engage in a filibuster on the nomination.
  I made this remark expecting that the so-called blue slip process 
would be honored. That is, if a Senator from the nominee's home State 
did not return a blue slip, that nominee would not have a hearing, 
would not be considered in the Judiciary Committee, and would never 
even come before the full Senate. A filibuster would not be possible 
because the nomination would not leave the Committee.
  After my remarks, however, something happened that makes me question 
that assumption. I heard on good authority that hearings are being 
considered on nominees for whom a blue slip has not been returned.
  Given this development, it is possible that the Senate could, in the 
very near future, be asked to vote on a nominee for whom a blue slip 
was never returned. At the time of my statement last week, I was not 
aware that such an abrupt change in Senate practice was being 
contemplated so seriously and so quickly.
  Therefore, Mr. President, if a nominee were to come before the full 
Senate without a blue slip having been returned by a home State 
Senator, I reserve the right to participate in a filibuster on that 
nomination.
  Furthermore, after I gave my statement last week, an incident 
occurred in the Senate Judiciary Committee that is of great concern to 
me and should be to the entire Senate. The rules of the Judiciary 
Committee require at least one Member of the minority party to agree to 
end debate on a matter before the Committee. Despite this rule, and 
despite the fact that no one on the Democratic side voted to end 
debate, the Committee held a vote on two circuit court nominees anyway.
  If Committee rules are going to be ignored--if the rights of the 
minority party and the interests of the minority party are trampled 
upon--this process is going to break down. It may take a filibuster in 
the full Senate to ensure that the rules are followed.
  Finally, Mr. President, when President Bush was elected, he pledged 
to govern from the center. Judicial candidates who are not moderate, 
mainstream nominees violate that pledge. I want to hold President Bush 
to his pledge, so I also reserve the right to filibuster a nominee who 
is far outside the mainstream.

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