[Weekly Compilation of Presidential Documents Volume 39, Number 19 (Monday, May 12, 2003)]
[Pages 565-568]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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, and Ted Olson. Thank you all for your good work and service.

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    I know we've got a lot of distinguished lawyers who are here. A.P. 
Carlton is the president of the American Bar Association. A.P., I 
appreciate you coming and lending your efforts to make sure that the 
system 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 abnigation * 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, 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 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

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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.''
    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,

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he referred to Counsel to the President Alberto R. Gonzales.