[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.