[Congressional Record (Bound Edition), Volume 161 (2015), Part 4]
[Senate]
[Page 4660]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         JUDICIAL CONFIRMATIONS

  Mr. LEAHY. Mr. President, we are now three months into the new 
Congress with Republicans in the majority. The Republican reign thus 
far has been defined by an attempt to shut down the Department of 
Homeland Security; a refusal to even allow a floor vote on an eminently 
qualified nominee for Attorney General; and the decision to inject a 
partisan abortion fight in what is otherwise an uncontroversial bill to 
build on our efforts to combat human trafficking. On top of all of 
this, the Senate Republican Leadership has been unwilling to bring up 
for a vote any of the judicial nominees pending on the Executive 
Calendar. Not one.
  The refusal by the Senate Republican leadership to schedule votes on 
any Federal judges is completely contrary to historical precedent. This 
is also in stark contrast to the way Democrats treated President Bush's 
judicial nominees. During the Bush administration we were able to 
reduce overall judicial vacancies from 110 down to 28. In the 17 months 
I chaired the Senate Judiciary Committee during President Bush's first 
2 years in office, the Senate confirmed 100 Federal circuit and 
district court judges. I also served as chairman of the Judiciary 
Committee during the last 2 years of the Bush administration and 
continued to hold regular hearings on judges and we confirmed 68 
district and circuit court judges in those last 2 years.
  The Senate must continue to fulfill its constitutional obligation of 
advice and consent. The fact that we are in the last 2 years of this 
presidency does not mean our work is done. In the last 2 years of the 
Clinton administration, 73 judges were confirmed, and in the last 2 
years of the Reagan administration, 83 judges were confirmed. I have 
heard Senate Republicans state that 11 of the judges confirmed in the 
lame duck last year should count towards confirmations this year. That 
is a bizarre claim. Prior Congresses have always confirmed consensus 
nominees prior to long recesses. And Senate Democrats were only forced 
to do so because Republican obstruction had left judicial vacancies 
close to or exceeding 90 through the first 6 years of this President's 
tenure.
  In comparison to the current treatment of judicial nominees, by the 
end of March 2007, the new Senate Democratic majority had scheduled 
votes on and confirmed 15 of President Bush's district and circuit 
court nominees. The refusal to schedule a vote on a single judicial 
nominee this year comes despite the fact that four of these nominees 
have languished on the Senate floor for a month and were recommended to 
President Obama by their two Republican home State Senators. Three of 
these pending nominees will fill district court vacancies in Texas, two 
of which have been designated by the non-partisan Administrative Office 
of the U.S. Courts as ``judicial emergency'' vacancies. I would urge 
the current Assistant Republican Leader, who represents Texas, to work 
to schedule votes to fill those vacancies. I would also urge the junior 
Senator from Texas, who has now announced his intent to run for 
President, to urge his Leadership to schedule a vote to fill those 
vacancies.
  We started this Congress with 44 judicial vacancies, including 12 
vacancies deemed judicial emergencies. Today, there are 55 vacancies, 
including 23 judicial emergency vacancies. Let us not go back to the 
first 6 years of this presidency when vacancies consistently hovered 
around 90. The Democratic majority worked hard to reduce those 
vacancies so that our justice system could function effectively. The 
Republican majority needs to put partisanship aside and schedule votes 
on these consensus judicial nominees.
  Filling the current vacancies is necessary but not sufficient. Last 
week the Judicial Conference of the United States, led by Chief Justice 
John Roberts, identified the need for adding 5 permanent judgeships to 
the courts of appeals, and 68 permanent judgeships to the district 
courts, as well as converting 9 temporary district court judgeships to 
permanent status. This Senate should be working to provide the Federal 
Judiciary with the resources it needs, including the addition of more 
judgeships.
  I urge the Republican leadership of this body to schedule votes on 
the current pending nominations before we break for the 2-week recess. 
Let us show respect to the independent Federal judiciary of this 
country and let's get these nominees to work for the American people.

                          ____________________