    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book II)]
    [November 2, 2002]
    [Pages 1975-1976]
    [From the U.S. Government Publishing Office www.gpo.gov]

    The President's Radio Address
    November 2, 2002

        Good morning. The Federal courts play a central role in American
    justice, protecting the innocent, punishing the guilty, and upholding
    the rule of law. Yet, our Federal courts today are in crisis. The
    judicial confirmation process does not work as it should. Nominees are
    too often mistreated. Votes are delayed. Hearings are denied, and dozens
    of Federal judgeships sit empty, endangering the quality of justice in
    America.
        Since coming into office, I have sent to the Senate 32 nominees for
    the Federal courts of appeals. These nominees are men and women with
    experience, intelligence, character, and bipartisan home-State support.
    They represent the mainstream of American law and American values. Yet
    the Senate has confirmed only 14 of these 32 nominees. As of this week,
    15 of my appeals court nominees will have been forced to wait over a
    year for a hearing, which is more than under the previous 9 Presidents
    combined.
        There is no good reason why any nominee should endure a year, a year
    and a half, or more without the courtesy of an up-or-down floor vote.
    Whatever the explanation, we clearly have a poisoned atmosphere in which
    well-qualified nominees are neither voted up nor voted down; they're
    just left in limbo. If this situation persists and judicial vacancies go
    unfulfilled, the Federal courts will be unable to act in a timely manner
    to enforce the criminal laws, the environmental laws, and the civil
    right laws that affect the lives of every American.
        The judicial crisis is the result of a broken system, and we have a
    duty to repair it. I want to work with the Senate to fashion a new
    approach to filling Federal court vacancies, a bipartisan approach that
    would apply now and in the future. This week, I have offered four
    proposals to break the logjam in Washington and bring the Federal courts
    to full strength.
        First, I call on Federal judges to notify the President of their
    intention to retire at least a year in advance, whenever possible.
    Because the nomination and confirmation of a Federal judge is a lengthy
    process, judges who retire without advance notice can unintentionally
    create a judicial vacancy for many months.
        Second, I propose that Presidents submit a nomination to the Senate
    within 180 days of receiving notice of a Federal court vacancy or
    intended retirement. This will continue but speed up the process of
    obtaining recommendations and evaluations from home-State Senators and
    others, while leaving ample time for Presidents to choose nominees of
    the highest quality.
        Third, I called on the Senate Judiciary Committee to commit to
    holding a hearing within 90 days of receiving a nomination. A firm
    deadline is the best way to ensure that judicial nominees are promptly
    considered. And 90 days is more than enough time for the committee to
    conduct necessary research before holding a hearing,

    [[Page 1976]]

    as Democrat Senators have recognized in the past.
        Finally, I called on the full Senate to commit to an up-or-down
    floor vote on each nominee no later than 180 days after the nomination
    is submitted. This is a very generous period of time that will allow all
    Senators to evaluate nominees and have their votes counted.
        My proposals are fair to all parties and would apply regardless of
    who is President or which party controls the Senate.
        The current state of affairs is not merely another round of
    political wrangling. It is a disturbing failure to meet a responsibility
    under the Constitution, and it is harming the administration of justice
    in America. Our country deserves better. The process can work better,
    and we can make it better. The Constitution has given us a shared duty,
    and we must meet that duty together.
        Thank you for listening.

    Note: The address was recorded at 3:52 p.m. on November 1 at the
    Seelbach Hilton Hotel in Louisville, KY, for broadcast at 10:06 a.m. on
    November 2. The transcript was made available by the Office of the Press
    Secretary on November 1 but was embargoed for release until the
    broadcast. The Office of the Press Secretary also released a Spanish
    language transcript of this address.