    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book I)]
    [May 3, 2002]
    [Pages 710-712]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Remarks on Senate Inaction on Nominations for the Federal Judiciary
    May 3, 2002

        Thank you all. Some of them were pretty good--and one of them was
    really good, right, Al? [Laughter]
        I want to thank you all for coming, and I want to talk about an
    important subject, and that's our judiciary. One of the true strengths
    of our democracy is a judiciary that is fair, impartial, and
    independent. Our courts depend on the dedicated service of men and women
    who are called to decide disputes. Yet today, there is a vacancy crisis
    on our Federal courts. Both the President and the United States Senate
    have constitutional responsibilities to address vacancies on the Federal
    bench. I have nominated 100 outstanding jurists for these posts, but the
    Senate thus far has not done its part to ensure that our Federal courts
    operate at full strength. Justice is at risk in America, and the Senate
    must act for the good of the country.
        I want to thank Al Gonzales; he's mi
    abogado. He's been my lawyer; he's been--served on the--as secretary of
    state in Texas; he's served on the U.S.--or the Texas Supreme Court; he
    and his able staff work long hours to really find the best possible
    nominees for the bench. And I want to--I appreciate Al's leadership, and
    I appreciate those who work with Al, on behalf of the White House, for
    their long hours.
        I want to thank you all for coming. Thanks so very much for your
    interest in this important subject. And it's an important subject. I
    mean we're talking about an incredibly important part of our country.
    And I want you all to help spread the word about how serious the vacancy
    crisis is. You pay attention to this issue, and you can help advocate
    what I'm about to call the Senate to do.
        This is Law Week--or Law Day, and it's a day we celebrate the legal
    profession in our democracy and a day set aside to recall the role of
    law in our society. This year's Law Day theme is ``Assuring Equal
    Justice for All.'' And that's a noble theme, and it's a noble calling.
    We're all proud of our judiciary. We know that justice and security and
    prosperity can flourish only in a society governed by law.
        We're grateful to our Federal courts; we're grateful for the vital
    work that they play in our American system. Federal judges are key to
    make sure America functions well. Every day, they uphold the rights of
    an individual, protect the innocent; they punish the guilty. Their
    rulings are essential to the rule of law in our Nation. To discharge
    their responsibilities effectively, the Federal courts must have judges.

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    Yet today, more than 10 percent of all Federal judgeships are vacant.
        The Chief Justice of the United
    States recently warned that the number of vacancies is, in his words,
    alarming. The crisis is especially severe--especially severe--in our 12
    regional Circuit Courts of Appeals, where more than 1 in 6 judgeships is
    vacant. The Court of Appeals for the DC Circuit, for example, handles
    some of our Nation's highest profile cases, including an important class
    of cases involving terrorists. But 4 out of 12 judgeships are not
    filled.
        The Sixth Court of Appeals, which covers Ohio and Kentucky and
    Michigan and Tennessee, is even worse off. Back in March of 2000, when
    it had only four vacancies, its chief judge said it was hurting badly
    and would not be able to keep up with its workload. Today, 8 of the
    Sixth Circuit's 16 judgeships are vacant, despite the fact that I sent
    up 7 nominations many months ago.
        All across America, the wait for justice is growing longer. The
    burden on Federal judges is growing heavier. And the frustration level
    of ordinary Americans seeking justice is growing greater.
        To address this vacancy crisis, I have submitted the names of 100
    Federal court nominees to the United States Senate. These 100 nominees
    are notable for their distinction and their accomplishments. They are
    exceptional for their humanity and their integrity. They are in the
    solid mainstream of American legal opinion, and they share a principled
    commitment to follow and apply the law, not to make law from the bench.
        But the Senate has confirmed only one-half of my nominees. It has
    confirmed only 9 of my 30 nominees to the Circuit Courts of Appeals--
    only 9 out of 30. Every one of these 30 nominees rated so far have been
    judged either well-qualified or qualified by the American Bar
    Association, which has been hailed as the gold standard by Senate
    Democrats.
        On May 9th, 2001, nearly a year ago, I submitted--I introduced my
    first 11 nominees to the Courts of Appeal. Yet the Senate Judiciary
    Committee has held hearings for only 3 of these nominees. All the others
    are still awaiting confirmation hearings--an entire year later. The
    eight still waiting a hearing include some of the leading appellate
    lawyers in the Nation, some of the most well respected sitting judges,
    and one of the country's finest law professors. Collectively, this group
    of 8 nominees has argued more than 60 cases in the Supreme Court of the
    United States. Yet all, every one of them, still wait for the Senate to
    take even the first step down the road toward confirmation.
        The Senate can do much more and must do much more to address the
    current vacancy crisis. A year ago I urged Senators from both parties to
    rise above the bitterness of the past and provide a fair hearing and
    prompt vote for every nominee. And my call for a prompt vote--it doesn't
    matter to me who's in the White House or who controls the Senate. What
    matters to me is that we have a--that we address the vacancy crisis,
    that we solve the problem our Nation faces. That's what matters.
        Let me tell you what the Chief Justice said recently. And I want you
    to know he was speaking expressly on behalf of the Federal judiciary. He
    asked the Senate to grant prompt hearings and up-or-down votes on all
    nominees. But the Senate has not acted, and by its inaction, the Senate
    is endangering the administration of justice in America.
        All judicial nominees deserve a timely hearing, and they deserve a
    vote. As everyone here today understands, Americans need and deserve a
    judicial system at full strength. As we celebrate the role of law in our
    democracy, I call on Senate Democrats to end the vacancy crisis in our
    Federal courts by restoring fairness to the judicial confirmation
    process.
        I want to thank you all for your interest in this incredibly
    important subject. I thank

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    you for standing for justice and fairness, the American way.
        One of the things that I talk about to--when I go to these
    conferences to try to help developing nations, or I talk about when
    leaders come in the Oval Office--I always talk about the need for there
    to be rule of law, that in order for people to be able to realize their
    dreams, society must be a society of law, and there ought to be rule of
    law. And our country is a shining example of that. But in order to make
    sure we continue to shine, we've got to address problems in a timely way
    when we find them. And that's what I'm here to discuss, and I want to
    thank you for your interest.
        And may God bless America.

    Note: The President spoke at 10:31 a.m. in Room 450 of the Dwight D.
    Eisenhower Executive Office Building.