Leahy: Committee Making Progress On Nominations
Committee Approves
Four Judicial And Three Executive Nominations
WASHINGTON (Thursday, March 6, 2008) – The Senate Judiciary
Committee Thursday voted to report seven of President Bush’s
nominations to the full Senate for consideration, making progress in
filling vacancies on the Federal bench and in the Department of
Justice, Chairman Patrick Leahy (D-Vt.) said today.
Three executive nominations, including that of the Associate
Attorney General, the third highest position in the Department of
Justice, were passed unanimously by the Committee. Additionally,
four nominations for lifetime appointments to the Federal judiciary
were unanimously approved at the Committee business meeting
Thursday.
Leahy emphasized the progress the Committee has made this Congress
in filling vacancies.
“Including the nominations on today’s agenda, our Committee will
have favorably reported 26 executive nominations already in this
Congress,” said Leahy. “By the time we adjourned the first session
of this Congress, the Senate had already confirmed 22 executive
nominations.”
Last year, the Senate confirmed 40 judicial nominations, more than
were confirmed in any of the three preceding years with Republican
Chairmen, and the Committee has succeeded in cutting the judicial
vacancy rate to half of what it was at the end of President
Clinton’s term.
The Committee has held three nominations hearings this year for two
executive nominations and seven judicial nominations, including one
circuit court nominee. Another hearing is scheduled for March 11,
when the Committee will consider the nomination of Grace Becker to
be the Assistant Attorney General for the Civil Rights Division at
the Department of Justice.
According to the Administrative Office of the U.S. Courts, there are
currently 49 judicial vacancies. The White House has yet to send
nominations to the Senate for consideration for 20 of those
vacancies. Additionally, 23 U.S. Attorney offices across the
country do not have presidentially appointed, Senate confirmed U.S.
Attorneys. The White House has not sent nominees for 19 of those
vacancies.
Leahy’s statement on the Committee’s vote today on nominations
follows.
Statement Of Senator Patrick Leahy (D-Vt.)
Chairman, Senate Judiciary Committee,
Executive Business Meeting
On Judicial And Executive Nominations
March 6, 2008
We continue today to make progress in filling high level vacancies
at the Department of Justice and in considering the President’s
nominations for lifetime positions on the Federal bench.
Despite my efforts in February, when the Judiciary Committee held
two hearings for seven judicial nominees, including a circuit
nominee, Republican Members of the Judiciary Committee effectively
boycotted our business meetings and obstructed our ability to report
judicial nominations and high-ranking Justice Department
nominations. I adjourned both our February 14 and February 28
meetings for lack of a quorum. At the first meeting I think only
one or two Republican Senators remained present. At the latter, the
Ranking Member chose to leave.
Despite the partisan posturing by the President and Senate
Republicans, I have continued to move forward and sought to make
progress but, I must admit, my patience is wearing thin. Two weeks
ago, during the congressional recess, I chaired our third
nominations hearing of the year. At that time, the Committee
considered three judicial nominations, including that of Catharina
Haynes of Texas to be a Circuit Judge on the Fifth Circuit. I knew
that this nomination was important to Senator Cornyn. So, in spite
of her participation at the recent partisan political rally and
photo op at the White House, I moved forward with that previously
scheduled hearing.
We have the fourth nominations hearing of this year scheduled for
next week. Senator Kennedy will chair a confirmation hearing for
the President’s nominee to head the Civil Rights Division at the
Department of Justice.
Earlier this week, the Senate confirmed Mark Filip as the Deputy
Attorney General. This administration knew from at least May 14,
2007, when Mr. McNulty announced that he was resigning, and should
have known for weeks before, that there was to be a vacancy in the
important position of Deputy Attorney General. Yet, even after the
former Deputy announced his resignation and proceeded to resign
months later, the administration failed to work with the Senate to
fill this vital position.
Regrettably, this important nomination had been stalled for over a
month due to the bad faith of the Bush-Cheney administration in
failing to process Democratic recommendations to independent boards
and commissions and Senate Republicans’ rejection of up or down
votes on nominations to the Federal Election Commission.
I commended the Majority Leader Monday for his efforts to resolve
this impasse. I also thanked him for agreeing with me to allow the
Filip nomination to proceed. It is a demonstration of good faith on
his part.
Today we can make further progress on both top executive and
lifetime judicial nominations.
We again have the nominations of Kevin O’Connor to be Associate
Attorney General, the number three position at the Department, and
Gregory G. Katsas, to be Assistant Attorney General of the Civil
Division, on the agenda. I thank Senator Whitehouse for chairing
their hearing. With our consideration of these nominations, we
continue our efforts to restore the Justice Department and fill
several of its key offices, which were decimated by resignations in
the wake of the U.S. Attorney firing scandal.
Last week I added to the agenda two
judicial nominations from the hearing chaired by Senator Feinstein
last month, and I thank her for her outstanding work at that
difficult hearing. Follow up questions are being asked in
connection with the other nominations, which are requiring
additional scrutiny. This week, even though Republicans did not
help make a quorum at either of our February meetings, I went the
extra mile and added two more judicial nominations to the agenda
from the hearing I chaired during the Presidents Day recess.
Thus, on today’s agenda are four more of the President’s nominations
to lifetime judicial appointments.
With these four judicial
nominations on today’s agenda, we continue building on the progress
we made last year in reviewing judicial nominations.
In 2007, the Committee reported out 40 lifetime appointments to the
Federal courts and the Senate confirmed all 40 of them. That is
more than were confirmed by the Republican-led Senate in 1997, 1999,
and 2000 when they were considering President Clinton’s nominations,
and more than the Republican-led Senate confirmed in any of the last
three years with a Republican President, in either 2004, 2005 or
2006.
At the end of the Clinton administration, the Republican-led Senate
returned to the President without action 17 of his appellate court
nominees. I do not intend to duplicate that record any more than I
intend to see the Senate pocket filibuster more than 60 of President
Bush’s judicial nominees, as Republicans did with President
Clinton’s. We have considered nominations – even those I do not
support – openly and on the record.
Republicans returned 17 circuit nominations to President Clinton
without action at the end of his presidency. The treatment of
President Clinton’s nominees contrasted markedly with that accorded
by Democrats to the nominations of Presidents Reagan and Bush in the
presidential election years of 1988 and 1992, when nine circuit
court nominees were confirmed on average. Regrettably, the
Republican Senate reversed that course in its treatment of President
Clinton’s circuit court nominations, confirming none during the 1996
session and an average of only four in presidential election years.
The Republican Senate chose to stall consideration of circuit
nominees and maintain vacancies during the Clinton administration.
In those years, Senator Hatch justified the slow progress by
pointing to the judicial vacancy rate. When the vacancy rate stood
at 7.2 percent, Senator Hatch declared that
“there is and has been no
judicial vacancy crisis” and that this was a “rather low percentage
of vacancies that shows the judiciary is not suffering from an
overwhelming number of vacancies.” Because of Republican inaction,
the vacancy rate continued to rise, reaching nearly 10 percent at
the end of President Clinton’s term, including 26 circuit
vacancies.
By contrast, we have helped cut circuit court vacancies across the
country in half, reducing the number to 13 in 2007. In fact,
circuit court vacancies reached a high water mark of 32 early in
President Bush’s first term, with a number of retirements by
Republican-appointed judges. Indeed, the current judicial vacancy
rate is around
five percent. That is half of what it was at the end of President
Clinton’s term, and significantly lower than when Senator Hatch
described the vacancy rate as acceptably low. If we applied Senator
Hatch’s standard, we would have no more hearings or consideration of
any of the remaining nominations.
Because of the success of the Republicans at stacking the courts and
their success in preventing votes on nominees, the current situation
on the circuit courts is that more than 60 percent of active judges
were appointed by Republican presidents and more than 35 percent
were appointed by this President. If we did not act on another
nominee, Republican presidents’ influence over the circuit courts is
already out of balance.
In the less than three years that I have chaired this Committee
during President Bush’s administration, the Senate has confirmed 23
circuit court nominations and 140 total Federal judicial nominees.
During the four full years Republicans were in charge during the
Bush administration the total number of nominees confirmed was just
158.
The Administrative Office of the U.S. Courts currently lists 49
judicial vacancies. Twenty of them – almost half – have no
nominee. In addition, several of the nominees do not have the
support of their home-state Senators. Of the 19 vacancies deemed by
the Administrative Office to be judicial emergencies, the President
has yet to send us nominees for seven of them, more than a third.
We also continue to make significant progress executive
nominations.
Including the nominations on today’s agenda, our Committee will have
favorably reported 25 executive nominations already in this
Congress. We also discharged four additional nominations, all of
which were confirmed. By the time we adjourned the first session of
this Congress, the Senate had already confirmed 22 executive
nominations, including the confirmations of nine U.S. Attorneys,
four U.S. Marshals, and nominees to nine other important positions.
With two more high-level Justice Department nominations pending on
the Senate calendar, we are poised to make even more progress.
I continue to try to work with this White House and to make
progress, but I continue to be disappointed that my offers to work
with the President and home-state senators to identify
well-qualified consensus nominations seem to be for naught. I would
rather see us work together in the selection of nominees so that we
can confirm judges rather than fight about them.
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