[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.