[Congressional Record (Bound Edition), Volume 149 (2003), Part 9]
[Senate]
[Pages 11851-11852]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 NOMINATION OF JUDGE CONSUELO CALLAHAN

  Mr. LEAHY. Mr. President, I have been disappointed that the 
Republican leadership has not found time to proceed to the nomination 
of Judge Consuelo Callahan to the United States Court of Appeals for 
the Ninth Circuit. This is another of the judicial nominees that Senate 
Democrats have strongly supported and whose consideration we had 
expedited through the Judiciary Committee last week.
  We still do not know who on the Republican side delayed consideration 
of the consensus nomination of Judge Prado for a month. I thank the 
Congressional Hispanic Caucus for its support of that nomination as 
well as this nomination and for working with the Senate to bringing 
fair evaluation of these nominees and for adding their voice to the 
discussion of these lifetime appointments.
  Just as Senate Democrats cleared the nomination of Judge Edward Prado 
to the U.S. Court of Appeals for the Fifth Circuit without delay, so, 
too, the nomination of this Hispanic nominee to another circuit court 
was cleared on the Democratic side last week. All Democratic Senators 
serving on the Judiciary Committee voted to report her nomination 
favorably. All Democratic Senators indicated that they were eager to 
proceed with her nomination and, after a reasonable period of debate, 
we voted on her nomination. I am confident this nomination will be 
confirmed by an extraordinary majority--maybe unanimously.
  It is most unfortunate that so many partisans in this administration 
and on the other side of the aisle insist on bogging down consensus 
matters and consensus nominees in order to focus exclusively on the 
most divisive and controversial of this President's nominees as he 
continues his efforts to pack the courts. Democratic Senators have 
worked very hard to cooperate with this administration in order to fill 
judicial vacancies. What the other side seeks to obscure is our effort, 
our fairness and the progress we have been able to achieve without much 
help from the other side or the administration.
  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 
Republican's 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 47 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 47, in 2 years. We 
have reduced the vacancy rate from 12.8 percent to 5.4 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.
  Earlier this month, we were able to obtain Senate consideration of 
the nomination of Judge Prado, and another distinguished Hispanic 
nominee who was reported unanimously by the Judiciary Committee last 
month--Judge Cecilia Altonaga to be a Federal judge in Florida. We 
expedited consideration of that nominee at the request of Senator 
Graham of Florida. I am told that she is the first Cuban-American woman 
to be confirmed to the Federal bench. Indeed, Democrats in the Senate 
have worked to expedite fair consideration of every Latino nominee this 
President has made to the Federal trial courts in addition to the 
nominations of Judge Prado and Judge Callahan.
  Today, I urge the leadership to allow us to consider the nomination 
of Judge Consuelo Maria Callahan to the Ninth Circuit Court of Appeals. 
Unlike the divisive nomination of Carolyn Kuhl to the same court, both 
home-State Senators support the nomination of Judge Callahan. Rather 
than disregarding time-honored rules and Senate practices, I urge my 
friends on the other side of the aisle to help us fill more judicial 
vacancies more quickly by bringing those nominations that have 
bipartisan support, like Judge Callahan, to the front of the line for 
committee hearings and floor votes.
  As I have noted throughout the last 2 years, the Senate is able to 
move expeditiously when we have consensus, mainstream nominees to 
consider. In a recent column, David Broder noted that he asked Alberto 
Gonzales if there was a lesson in Judge Prado's easy approval, but that 
Mr. Gonzales missed the point. In Mr. Broder's mind: ``The lesson seems 
obvious. Conservatives can be confirmed for the courts when they are 
well known in their communities and a broad range of their constituents 
have reason to think them fair-minded.'' Judge Consuelo Callahan is 
another such nominee.
  To date the Senate has proceeded to confirm 124 of President Bush's 
nominees, 100 in the 17 months in which Democrats comprised the Senate 
majority. The lesson that less controversial nominees are considered 
and confirmed more easily was the lesson of the last 2 years, but that 
lesson has been lost on this White House and the current Senate 
leadership.
  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 regret the administration's refusal to work with us to end 
the impasse it has created in connection with the Estrada nomination. 
The partisan politics of division that the administration is practicing 
with respect to that nomination are not helpful and not respectful of 
the damage done to the Hispanic community by insisting on so divisive a 
nominee.
  I invite the President to work with us and to nominate more 
mainstream individuals like Judge Prado and Judge Callahan whose proven 
records and bipartisan support make it easier for us to uphold our 
constitutional duty of advise and consent. I look forward to casting a 
vote in favor of her confirmation to the Circuit Court.
  In connection with the unexplained Republican delay before 
consideration of the nomination of Judge Prado, some suggested that 
Judge Prado had been delayed because Democratic Senators were likely to 
vote for him and thereby undercut the Republican's shameless charge 
that opposition to Miguel Estrada is based on his ethnicity.
  We all know that the White House could have cooperated with the 
Senate by producing Mr. Estrada's work papers. This would have enabled 
the Senate to have voted on the Estrada nomination months ago. The 
request for his work papers was sent last May 15 and has been 
outstanding for a year. Rather than respond as every other 
administration has over the last 20 years and provide access to those 
papers, this White House has stonewalled. Rather than follow the policy 
of openness outlined by Attorney General Robert Jackson in the 1940s, 
this administration has stonewalled. And Republican Senators and other 
partisans could not wait to claim that the impasse created by the White 
House's change in policy and practice with respect to nominations was 
somehow attributable to Democrats being anti-Hispanic. The charge would 
be laughable if it were not so calculated to do political damage and to 
divide the Hispanic community. That is what Republican partisans hope 
is the result. That is wrong.
  Unfortunately, in the case of Mr. Estrada, the administration has 
made

[[Page 11852]]

no effort to work with us to resolve the impasse. Instead, there has 
been a series of votes on cloture petitions in which the opposition has 
grown and from time to time the support has waned. Recently, there have 
been press reports indicating that Mr. Estrada asked the White House 
months ago to withdraw his nomination. I understand his frustration. If 
this administration is not going to follow the practice of every other 
administration and share with the Senate the government work papers of 
the nominee--the very practice this administration followed with an EPA 
nominee in 2001--then I can understand him not wanting to be used as a 
political pawn by the administration to score partisan, political 
points. That the administration has not acceded to his reported request 
but has plowed ahead to force a succession of unsuccessful cloture 
votes and to foment division in our Hispanic community for partisan 
gain is another example of how far this administration is willing to go 
to politicize the process at the expense of its own nominees.
  Judge Callahan enjoys the full support of the Congressional Hispanic 
Caucus. Not a single person or organization has submitted a letter of 
opposition or raised concerns about her. No controversy. No red flags. 
No basis for concern. No opposition. This explains why her nomination 
was voted out of the Judiciary Committee with a unanimous, bipartisan 
vote on an expedited basis.
  During President Clinton's tenure, 10 of his more than 30 Latino 
nominees, including Judge Rangel, Enrique Moreno, and Christine 
Arguello to the circuit courts, were delayed or blocked from receiving 
hearings or votes by the Republican leadership.
  Republicans delayed consideration of Judge Richard Paez for over 
1,500 days, and 39 Republicans voted against him. The confirmations of 
Latina circuit nominees Rosemary Barkett and Sonia Sotomayor were also 
delayed by Republicans. Judge Barkett was targeted for delay and defeat 
by Republicans based on claims about her judicial philosophy, but those 
efforts were not successful. After significant delays and an 
unsuccessful Republican filibuster, 36 Republicans voted against the 
confirmation of Judge Barkett. Additionally, Judge Sotomayor, who had 
received the ABA's highest rating and had been appointed to district 
court by President George H.W. Bush, was targeted by Republicans for 
delay or defeat when she was nominated to the Second Circuit. She was 
eventually confirmed, although 29 Republicans voted against her.
  The fact is that the Latino nominations that the Senate has received 
from this administration have been acted upon in a expeditious manner. 
They have overwhelmingly enjoyed bipartisan support. Under the 
Democratically-led Senate, we swiftly granted hearings for and 
eventually confirmed Judge Christina Armijo of New Mexico, Judge 
Phillip Martinez and Randy Crane of Texas, Judge Jose Martinez of 
Florida, U.S. Magistrate Judge Alia Ludlum, and Judge Jose Linares of 
New Jersey to the district courts. This year, we also confirmed Judge 
James Otero of California, and we would have held his confirmation 
hearing last year if his ABA peer rating had been delivered to us in 
time for the scheduling of our last hearing. As I have noted, we also 
have recently confirmed Judge Cecilia Altonaga and Judge Edward Prado 
with unanimous Democratic support.
  Judge Callahan's nomination has been delayed on the Senate executive 
calendar unnecessarily in my view. I recall all too vividly when 
anonymous Republican holds delayed Senate action on the nomination of 
Judge Sonia Sotomayor to the Second Circuit for 7 months. It is time to 
act on this widely supported, uncontroversial Latina nominee. I urge 
the Senate leadership to bring her nomination up for a vote without 
delay.

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