    [Public Papers of the Presidents of the United States: George W. Bush (2003, Book I)]
    [May 9, 2003]
    [Pages 454-457]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Remarks on the Judicial Confirmation Process
    May 9, 2003

        Thank you all very much. Please be seated. Thanks. Thanks a lot for
    coming. Thanks for the warm welcome. Welcome to the White House and the
    Rose Garden. I'm pleased all of you could be here to stand for a truly
    independent Federal judiciary. The Framers of the Constitution knew that
    freedom and justice depend on fair and impartial judges. To ensure
    judges of the highest quality, integrity, they designed a system in
    which the President would nominate judges and the Senate would vote up
    or down on the nominees.
        Today, we are facing a crisis in the Senate and, therefore, a crisis
    in our judiciary. Highly qualified judicial nominees are waiting years
    to get an up-or-down vote from the United States Senate. They wait for
    years while partisans search in vain for reasons to reject them. The
    obstructionist tactics of a small group of Senators are setting a
    pattern that threatens judicial independence. Meanwhile, vacancies on
    the bench and overcrowded court dockets are causing delays for citizens
    seeking justice. The judicial confirmation process is broken, and it
    must be fixed for the good of the country. Every person nominated to the
    Federal bench deserves a timely vote.
        I want to appreciate Al Gonzales'
    introduction. I appreciate his good, sound legal advice. He's been my
    friend for a long time. I'm really pleased he left Austin, Texas, to
    come up here and serve our country. I also want to thank the Attorney
    General for serving our country as well. He is doing a fabulous job for
    our Nation, and we wish him a happiest 60th birthday today.
        I'm so pleased the leaders of the United States Senate are here.
    Bill Frist is ably leading the United States
    Senate. Thank you for coming, Senator. I want to thank Senator Orrin
    Hatch for being here as well. The chairman is
    going to lead the efforts to reform our process. And Mr. Chairman, I
    support your work to make sure we increase judicial pay across the
    United States. Thank you for your leadership.
        I'm also grateful that Senators Cornyn from
    Texas, Dole, and Graham of South Carolina, Mitch McConnell, Zell Miller, and Arlen
    Specter are with us. These folks represent the
    best of the United States Senate, and thank you for coming.
        I appreciate the fact that members of John Ashcroft's staff from the Justice Department are here, in
    particular Larry Thompson, Bobby
    McCallum,  Jr. and Ted Olson. Thank you all for your good work and service.
        I know we've got a lot of distinguished lawyers who are here. A.P.
    Carlton  Jr. is the president of the
    American Bar Association. A.P., I appreciate you coming and lending your
    efforts to make sure that the system

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    works on behalf of the American people. Duard Bradshaw, who's the president of the Hispanic National Bar
    Association, is here as well. Welcome to you both. Thank you for your
    concern. And welcome to all.
        Exactly 2 years ago, I announced my first 11 nominees to the Federal
    appeals court. I chose men and women of talent and integrity, highly
    qualified nominees who represent the mainstream of American law and
    American values. Eight of them waited more than a year without an up-or-
    down vote in the United States Senate. As of today, three of that
    original group have waited 2 years. Their treatment by a group of
    Senators is a disgrace.
        Overall, I have sent to the Senate 42 superb nominees for Federal
    courts of appeal. Eighteen of them are still waiting for a vote in the
    Senate, and 8 of those 18 have been waiting more than a year. More
    appeals court nominees have had to wait over a year for a hearing in my
    Presidency than in the last 50 years combined. This is not just business
    as usual. This is an abnegation* of constitutional responsibility, and
    it is hurting our country.
    ---------------------------------------------------------------------------
        *White House correction.
    ---------------------------------------------------------------------------
        As President, I have the constitutional responsibility to nominate
    excellent judges, and I take that responsibility seriously. The men and
    women I have nominated are an historically diverse group whose character
    and credentials are impeccable.
        This group includes Miguel Estrada, my
    selection for the DC Circuit Court of Appeals. Miguel Estrada has served
    in the Justice Department under Presidents from both political parties.
    He has argued 15 cases before the U.S. Supreme Court. He has earned the
    American Bar Association's highest mark, a unanimous rating of ``well-
    qualified.'' If confirmed, Miguel would be the first Hispanic American
    ever to serve on the court that is often considered the second highest
    in the land. Miguel Estrada's nomination has strong support from
    citizens and leaders in both political parties, and he has support from
    a majority in the United States Senate.
        Yet, after 2 years, he still cannot get an up-or-down vote on the
    floor of the Senate. A group of Democratic Senators has insisted that
    Mr. Estrada answer questions that other
    nominees were not required to answer. These Senators have sought
    confidential Justice Department memos not sought for other appeal court
    nominees--a request opposed by all living former Solicitor Generals
    because of the damage it would do to our legal system. These Senators
    have also filibustered for 3 months to prevent a vote on Miguel
    Estrada's nomination. Never before has there been a successful
    filibuster to prevent an up-or-down vote on an appeals court nominee.
    This is an unprecedented tactic that threatens judicial independence and
    adds to the vacancy crisis in our courts, and it is wrong.
        Justice Priscilla Owen, Richman whom I
    have nominated to the Fifth Circuit Court of Appeals, also has the
    support of the majority of United States Senators. And she too has
    become the target of a filibuster. Justice Owen is an extraordinarily
    well-qualified nominee who has served with distinction on the Texas
    Supreme Court since 1995. Like Miguel Estrada, she has earned the American Bar Association's unanimous
    rating of ``well-qualified.'' She has strong bipartisan support,
    including endorsements from three Democrats who served with her on the
    Texas Supreme Court and endorsements from 15 past presidents of the
    Texas bar. Yet, Justice Owen has been waiting 2 years--2 years--for an
    up-or-down vote on the Senate floor.
        The list goes on. And the trend is clear: Of the 18 appeals court
    nominees awaiting a vote, all who have been rated by the American Bar
    Association have received ``well-qualified'' or ``qualified'' ratings.
    Some Democratic Senators have referred to those ratings as the gold
    standard. But those same Senators have ignored those high marks and
    instead of applying the gold standard, have applied a double standard

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    to some of my nominees. The Senate has a constitutional responsibility
    to hold an up-or-down vote.
        Throughout most of our history, the Senate has exercised this
    responsibility and voted promptly on judicial nominees. During the
    administration of former Presidents Bush .
    and Clinton, however, too many appeals
    court nominees never received votes. And today the situation is worse
    than ever, making the need for reform greater than ever.
        While Senators stall and hold on to old grudges, American justice is
    suffering. Dockets are overcrowded, judges are overworked, and citizens
    are waiting too long for their cases to be heard. The regional appeals
    courts have a 12-percent vacancy rate, and filings in those courts have
    reached an all-time high again last year. The Sixth Circuit, which
    covers Ohio and Michigan and Kentucky and Tennessee, has 4 vacancies on
    a 16-judge court. The DC Circuit has 3 vacancies on a 12-judge court. Of
    the 18 open seats that could be filled by the nominees waiting for
    Senate confirmation, 15 have been classified as judicial emergencies by
    the Judicial Conference of the United States. The American Bar
    Association has called this an emergency situation. And the Chief
    Justice recently said that these vacancies and rising caseloads threaten
    the proper functioning of Federal courts and asked the Senate to give
    every nominee a prompt up-or-down vote.
        The bitterness and partisanship that have taken over the judicial
    confirmation process also threatened judicial independence. Some
    Senators have tried to force nominees to take positions on controversial
    issues before they even take the bench. This is contrary to the
    constitutional design of a separate and independent judicial branch.
        Six months ago, I proposed a plan to end the vacancy crisis and make
    the process work again. This plan would apply no matter who lives in the
    White House or no matter which party controls the United States Senate.
    Here's how it works: Judges on the Federal appellate and district courts
    would notify the President of their intentions to retire at least a year
    in advance whenever that is possible. The President would then submit a
    nomination to the U.S. Senate within 180 days of receiving notice of a
    vacancy or intended retirement. The Senate Judiciary Committee would
    hold a hearing within 90 days of receiving a nomination. And the full
    Senate would vote on a nominee no longer than 180 days after the
    nomination is submitted. The goal is to have a new judge ready to take
    the bench on the same day the sitting judge retires.
        Since I announced this plan, the Judicial Conference has done its
    part by strongly urging judges to give a one-year advance notice of
    retirement. I've done my part with an Executive order issued today
    formalizing my commitment to submit nominations within 180 days after
    notification of a vacancy. And now we're waiting for the Senate to do
    its duty and ensure timely up-or-down votes for every single nominee.
        Majority Leader Frist and Judiciary Chairman
    Hatch are pushing hard for progress on this
    issue. They are reformers. And I thank you for your hard work. U.S.
    Senator Arlen Specter and U.S. Senator Zell
    Miller have proposed reforms to fix the problem.
    And I thank you for your leadership. I'm very pleased that 10 freshmen
    Senators of both parties have come together to demand the return of
    dignity and civility to the process. As newcomers, they see the futility
    of endless bickering that blocks good judges from the bench.
        Under the leadership of John Cornyn and
    Democrat Mark Pryor, these Senators sent a
    letter to the Senate leadership last week. And this is what it said:
    ``None of us were parties to any of the reported past offenses, whether
    real or perceived. None of us believe that the ill will of the past
    should dictate the terms and direction of the future. Each of us firmly
    believes the United States Senate needs a fresh start.''

    [[Page 457]]

        I completely agree, and so do the American people. I believe a fresh
    start is possible. And we will stand with these Senators to bring needed
    reform on behalf of the American people. And I ask for your help. I ask
    for your help to make sure our judiciary functions in a way that will
    make the people proud. I ask for your help in talking to Senators as we
    convince them that obstructionist policies harm the American people. It
    hurts the justice system that makes us the envy of the world. I know we
    can move forward. I look forward to the day when a good nominee gets a
    vote, up or down, in timely fashion on the floor of the United States
    Senate.
        Thank you all for coming, and God bless. Thank you all for coming.

    Note: The President spoke at 10:30 a.m. in the Rose Garden at the White
    House. In his remarks, he referred to Counsel to the President Alberto
    R. Gonzales. The Executive order on facilitating the administration of
    justice in the Federal courts is listed in Appendix D at the end of this
    volume.