[Weekly Compilation of Presidential Documents Volume 33, Number 40 (Monday, October 6, 1997)]
[Pages 1442-1443]
[Online from the Government Publishing Office, www.gpo.gov]
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The President's Radio Address
September 27, 1997
Good morning. I want to talk this morning about a very real threat
to our judicial system. For more than 220 years, our Nation has remained
young and strong by meeting new challenges in ways that renew our oldest
values. Throughout our history, our judiciary has given life and meaning
to those values by upholding the laws and defending the rights they
reflect, without regard for politics or political party.
That is the legacy of the judicial system our Founders established,
a legacy we recalled this Thursday on the 40th anniversary of the court-
ordered desegregation of Little Rock Central High School.
But in the past 18 months, this vital partnership has broken down as
the Senate has refused to act on nomination after nomination. And in
Federal courthouses across America, almost 100 judges' benches are
empty. In 1996, the Senate confirmed just 17 judges. That's the lowest
election-year total in over 40 years.
This year I've already sent 70 nominations to Congress, but so far
they've acted on less than 20. The result is a vacancy crisis in our
courts that Supreme Court Chief Justice William Rehnquist warned could
undermine our courts' ability to fairly administer justice.
Meanwhile, our courts are clogged with a rising number of cases. An
unprecedented number of civil cases are stalled, affecting the lives of
tens of thousands of Americans, from the family seeking life insurance
proceeds, to the senior citizen trying to collect Social Security
benefits, to the small business protecting its right to compete. In our
criminal courts, nearly 16,000 cases are caught in limbo while criminals
on bail await punishment and victims await justice. Our sitting judges
are overloaded and overworked, and our justice system is strained to the
breaking point.
The Senate's failure to act on my nominations, or even to give many
of my nominees a hearing, represents the worst of partisan politics.
Under the pretense of preventing so-
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called judicial activism, they've taken aim at the very independence our
Founders sought to protect. The congressional leadership has actually
threatened sitting judges with impeachment, merely because it disagrees
with their judicial opinions. Under this politically motivated scrutiny,
under ever-mounting caseloads, our judges must struggle to enforce the
laws Congress passes and to do justice for us all.
We can't let partisan politics shut down our courts and gut our
judicial system. I've worked hard to avoid that. And the people I've
nominated for judgeships and had confirmed have had the highest rating
of well qualified from the American Bar Association of any President
since these ratings have been kept.
So today I call upon the Senate to fulfill its constitutional duty
to fill these vacancies. The intimidation, the delay, the shrill voices
must stop so the unbroken legacy of our strong, independent judiciary
can continue for generations to come. This age demands that we work
together in bipartisan fashion, and the American people deserve no less,
especially when it comes to enforcing their rights, enforcing the law,
and protecting the Constitution.
Thanks for listening.
Note: The address was recorded at 6 p.m. on September 26 in the
Presidential Suite of the Westin Oaks Galleria Hotel in Houston, TX, for
broadcast at 10:06 a.m. on September 27.