Senate Confirms Five Judicial Nominations, Including Circuit Court
Nominee
Chamber Continues
Progress To Reduce Vacancies On Federal Bench
WASHINGTON (Thursday, April 10, 2008) – The Senate today confirmed
five nominations to Federal courts across the country, including a
nomination to fill the final vacancy on the Fifth Circuit of the U.S
Court of Appeals.
Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) steered
the circuit court nomination, as well as four nominations to
district courts in four states, through the confirmation process.
In the less than three years of Leahy’s chairmanship during the Bush
administration, the Senate has confirmed 145 judicial nominations.
Forty judicial nominations were confirmed by the Judiciary Committee
in 2007 – more than were confirmed in any of the preceding three
years under Republican control.
Republicans Thursday suggested the Senate was moving too slowly in
the consideration of judicial nominations, many of which do not
currently have the necessary support of their home-state senators.
However, with today’s circuit court confirmation, the Senate has
surpassed the total number of circuit judges confirmed by the
Republican-controlled Senate in the 1996 session. In that same
election year, the Senate failed to vote on a single judicial
nomination before July 10.
“We are three months ahead of the schedule followed by Republican
leadership during that presidential election year,” said Leahy of
consideration of judicial nominations in 1996. “I would rather see
us work with the President on the selection of nominees the Senate
can proceed to confirm than waste precious time fighting about
controversial nominees selected to score political points.”
Despite allegations from the Republican leadership and members of
the Judiciary Committee that the nominations have been stymied under
Leahy’s chairmanship, the Committee has held five hearings this year
for 15 nominees. During the past year, the Committee has reported
10 nominations for high-ranking positions in the Department of
Justice, including the Department’s top three positions – Attorney
General, the Deputy Attorney General and the Associate Attorney
General.
The Senate this afternoon voted to confirm Catharina Haynes to the
Fifth Circuit, Brian Stacy Miller for the Eastern District of
Arkansas, James Randal Hall for the Southern District of Georgia,
John A. Mendez for the Eastern District of Californian, and Stanley
Thomas Anderson for the Western District of Tennessee. Leahy’s
prepared statement follows.
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For
background information on judicial nominations,
click here.
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Statement of Senator Patrick Leahy
Chairman, Senate Judiciary Committee
On Judicial Confirmations
April 10, 2008
The Senate makes significant progress today by confirming
yet another
appointment to one of our important Federal circuit courts, as well
as four lifetime appointments of Federal district court nominees.
The circuit court nomination we are considering is that of Judge
Catharina Haynes of Texas. Not only will her
confirmation fill the last vacancy on the important Court of Appeals
for the Fifth Circuit, but it fills another vacancy listed as a
judicial emergency. I begin by acknowledging the support of Senator
Cornyn and his work with me to schedule her nomination for a
hearing, and to report it from the Judiciary Committee last week.
Despite the progress we continue to make and will make today, some
of the rhetoric from the other side of the aisle suggests that
judicial confirmations is the most pressing and unsatisfied need
facing the country. With an economic recession now facing
Americans, the massive job losses this year and the home mortgage
foreclosures and credit crisis, any partisan effort to create an
issue over judicial confirmations is misplaced.
The recent job loss reports from the Department of Labor are
dramatic— in the first three months of this year, the U.S. economy
lost 232,000 jobs. March marked the greatest loss of jobs during
one month in at least five years. Instead of adding the 100,000
jobs that we would need each month just to prevent unemployment from
rising further, we have experienced three months in a row of
significant job losses. This year alone we are already half a
million jobs behind where we need to be just to stay even and not
lose economic ground.
Yet last week when I convened the Judiciary Committee to make
progress on bills to help homeowners in bankruptcy and to improve
the False Claims Act to better target fraud, the priority of
Republicans was none of those important legislative issues.
Instead, they engaged in a back and forth on judicial nominations.
This administration is apparently more worried about the jobs of a
handful of controversial nominees, many without the necessary
support of their home-state Senators, than the jobs and lives of
hundreds of thousands of Americans.
With that massive loss of jobs, the Nation’s unemployment rate has
risen dramatically to over 5.1 percent. For just a moment, let us
take a look at where we are now. During the Bush administration,
unemployment is up more than 20 percent; the price of gas has more
than doubled and is now at a record high average heading toward
$3.50 to $4 a gallon; trillions of dollars in budget surplus have
been turned into trillions of dollars of debt, with an annual budget
deficit of hundreds of millions of dollars; and a trade deficit has
approaching $1 trillion a year. It costs more than $1 billion a day
- $1 billion a day - just to pay down the interest on the national
debt and the massive costs generated by the disastrous war in Iraq.
That’s $365 billion this year that would be better spent on
priorities like health care for all Americans, better schools,
fighting crime, and treating diseases at home and abroad. In
contrast, one of the few numbers going down as the President winds
down his tenure is that of judicial vacancies.
Judicial vacancies are less than half of what they were during the
last Democratic administration, when the
Republican majority in the Senate chose
to stall consideration of scores of nominees in order to maintain
vacancies. They succeeded in doubling circuit vacancies during those
years and those vacancies rose to a high of 32 with the resignations
that that accompanied the change of administrations. By contrast,
we helped reduce circuit court vacancies across the country to as
low as 13 in 2007, and that will be the number of remaining circuit
court vacancies today after the confirmation of Judge Haynes. That
is half what they were at the end of the last Democratic
administration when a Republican-led Senate was in charge.
During the last Democratic administration, the Republican chairman
of the Judiciary Committee argued that the 103 vacancies that then
existed did not constitute a “vacancy crisis.” He also argued on
numerous occasions that 67 vacancies meant “full employment” on the
Federal courts. After today’s confirmations, the Administrative
Office of the U.S. Courts will list 47 vacancies, 20 vacancies below
what Republicans used to deem “full employment” and below half the
vacancy level they more than tolerated during the last
administration.
In the 17 months I
chaired the Judiciary Committee during President Bush’ first term,
we acted faster and more favorably on more of this President’s
judicial nominees than under either of the Republican Chairmen who
succeeded me. During those 17 months, the Senate confirmed 100
judicial nominations. When I reassumed the chairmanship last year,
the Committee and the Senate continued to make progress with the
confirmation of 40 more lifetime appointments of
judges to our Federal courts. That is
more than were confirmed
during any of the three preceding years under Republican leadership
and more than were confirmed in 1996, 1997, 1999, and 2000, when a
Republican-led Senate was considering a Democratic President’s
judicial nominations. During this presidency, while I have served
as Judiciary Chairman, the Senate has proceeded to confirm
140 lifetime
appointments in only three years, as compared to 158 during the more
than four years of Republican control.
When the Senate confirms
Judge Haynes today, we will have surpassed the total
number of circuit judges confirmed during the entire 1996 session.
That was the session when the Republican majority would not consider
or confirm a single circuit nomination of President Clinton’s, not
one. Indeed, the first confirmation of any judge that session did
not take place until July 10. So we are also three months ahead of
the schedule followed by Republican leadership during that
presidential election year.
Some will undoubtedly repeat the partisan Republican “talking point”
that the Senate must confirm 15 circuit judges this Congress to
match a mythical “statistical average” of selected years. It is
true that during the last two years of this President’s father’s
term, a Democratic-led Senate confirmed an extraordinary number of
circuit nominees – 20. It is true that during the last two years of
the Reagan administration, a Democratic-led Senate confirmed 17
circuit court nominees. It is only by taking advantage of those
numbers produced by Democratic Senate majorities that Republicans
can construct their mythical statistical average.
Our actions were not reciprocated by the Republican majority when a
Democrat was next in the White House. Instead, the Republican-led
Senate made sure that judicial vacancies skyrocketed to historic
levels. It got to the point that the Chief Justice Rehnquist,
hardly a Democratic partisan, weighed in publicly to criticize the
Republican-led Senate. Republicans do not talk about what they did,
and cannot bear an accurate comparison of what we have accomplished
with what they did not.
I wonder, when the
Republican Leader and others who come to the floor with accusations
about slow-walking nominations, will explain their roles during the
Clinton years. Why was it that during that 1996
session, the last of President Clinton’s first term, the
Republican-led Senate did not confirm a single circuit nomination?
Why was it that Bonnie
Campbell, the former Attorney General of Iowa, who was supported by
both Senator Harkin – a Democrat – and Senator Grassley – a
Republican – was never allowed to be considered by the Judiciary
Committee or the Senate after her hearing?
Why was it that Kent
Markus of Ohio, a law professor and former high-ranking Department
of Justice official supported by both of his home-state Senators –
both Republicans – was never considered by the Judiciary Committee
or the Senate?
Why was it that so many
circuit vacancies were left without any nominees considered during
the last years of the last Democratic administration when
Republicans controlled the Senate?
Republican Senators have
many questions to answer before they level accusations of any kind.
To any objective
observer, the answer is clear. The Republican Senate
chose to stall consideration of circuit nominees and maintain
vacancies during the last Democratic administration in anticipation
of a Republican presidency. Vacancies rose to over 100. Circuit
vacancies doubled.
As soon as a Republican President was elected, they sought to turn
the tables and take full advantage of the vacancies they had
prevented from being filled. They have been extraordinarily
successful. Currently, more than 60 percent of active judges on the
Federal circuit courts were appointed by Republican presidents, and
more than 35 percent have been appointed by this President. Another
way to look at their success and compare the better treatment
already shown to this President is to observe that the Senate has
already confirmed more than three-quarters of this President’s
circuit court nominees, compared to only half of President
Clinton’s.
As Chairman of the
Judiciary Committee, I have turned the other cheek and
worked hard to improve the treatment of nominees. To make progress,
I even chaired the Judiciary Committee’s hearing on the circuit
nomination before us today during a congressional recess.
I said that we would
treat this President’s nominees more fairly than Republicans treated
President Clinton’s, and we have. We have not pocket-filibustered
more than 60 of this President’s judicial nominees, as was done to
President Clinton’s nominees. We have not opposed them in secret or
anonymously. In fact, during my chairmanship, the
views of home-state Senators, as reflected in the “blue slips”
submitted to the Committee, were made public for the first time. We
have considered nominations openly and on the record. We have
proceeded with consideration of nominations I opposed, which never
happened under previous Republican leadership.
I began by noting that
with the confirmation of Judge Haynes, the Fifth Circuit will have
no vacancies. We have proceeded despite the fact that 12
of the 16 active judges on this Court have been appointed by
Republican Presidents. Republican efforts to stack this court
included stalling consideration of Judge Jorge Rangel of Texas,
Enrique Moreno of Texas, and Alston Johnson of Louisiana, who were
never accorded the consideration that Judge Haynes is receiving. In
stark contrast to Republican practice, I have held hearings on all
six of the Fifth Circuit nominees of this President during my
chairmanship, and with today’s vote, the Senate will have voted on
all of them. Vacancies on the Fifth Circuit are at an all-time low
– zero after today. Contrast this with the situation during the
Clinton years when the Chief Judge of the Fifth Circuit declared a
circuit emergency. That circuit-wide emergency was due to multiple,
simultaneous vacancies caused by the fact that the Republican led
Senate would not act on the nominees of a Democratic President.
I hope to meet soon with
the White House counsel to, again, urge cooperation. That is what I
suggested at the start of this President’s tenure and have urged
throughout it. But time is running short. I would rather see us
work with the President on the selection of nominees the Senate can
proceed to confirm than waste precious time fighting about
controversial nominees selected to score political points.
Judge Catharina Haynes, a former Texas state trial judge on the 191st
District Court for the State of Texas, currently works as a Partner
at the law firm of Baker & Botts, LLP in Dallas. The Fifth Circuit
has played an extraordinary and historic role in the protection of
civil rights in this country, and I wish that we knew more about
Judge Haynes’ attitudes toward civil rights than her record and
testimony revealed. I vote in favor of confirmation with the hope
that she will treasure and follow the example of earlier judges on
that court who displayed such a passionate commitment to the rights
of all Americans.
I congratulate Judge Haynes and her family on her confirmation
today.
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****For
Background****
Nominations Stats
Judges Confirmed Under President Bush
Chairman |
Circuit |
District |
Total noms (includes CIT and SCOTUS) |
|
|
|
|
Leahy
1st Tenure (17 months) |
17 |
83 |
100 |
|
|
|
|
Leahy
2nd Tenure (15 months) |
7 |
38 |
45 |
|
|
|
|
Leahy
total (32 months) |
24 |
121 |
145 |
|
|
|
|
Hatch
(2 years) |
18 |
85 |
104 |
|
|
|
|
Specter (2 years) |
16 |
35 |
54 |
Nominations Made
vs. Nominations Confirmed
As of 4/10/08 |
|
District Court Nominations |
Circuit Court Nominations |
Total District and Circuit |
George
W. Bush
(107th
to 110th,
2001-2008)
[As of
4/8/08] |
Nominations Made |
264 |
80 |
344 |
Nominations Confirmed |
241 |
58 |
299 |
Percent Confirmed |
90.3% |
72.5% |
86.9% |
|
|
|
|
|
William
J. Clinton
(103rd
to 106th,
1993-2000) |
Nominations Made |
382 |
115 |
497 |
Nominations Confirmed |
307 |
65 |
372 |
Percent Confirmed |
80.4% |
56.5% |
74.8% |
Judicial
Vacancies
At the end of
Clinton administration
(January 21, 2001)
Total vacancies: 80 (This rose to
100 with retirements early in Bush administration)
Circuit vacancies: 26 (This rose to
32 with retirements early in Bush administration)
District vacancies: 54
Currently under
Chairman Leahy
(April 10, 2008)
Total vacancies: 47 (20 with no
nominees)
Circuit vacancies: 13 (3 with no
nominees)
District vacancies: 34 (17 with no
nominees)
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