[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.
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    *White House correction.
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    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.''

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    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.