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U.S. SENATOR PATRICK LEAHY

CONTACT: Office of Senator Leahy, 202-224-4242

VERMONT


Reaction Of Senator Patrick Leahy
To The President’s Saturday Radio Address
On The Nomination Of Miguel Estrada
To The D.C. Circuit Court Of Appeals
February 22, 2003

President Bush is asking for something no president of either party should ask for.  He is asking the Senate to vote without having straightforward answers from a nominee for a lifetime judgeship.  Doing that would set a dangerous precedent that would lessen the independence of the federal judiciary.  When any nominee does not answer basic questions, the Senate clearly has a constitutional responsibility to ask for the answers.

Mr. Estrada will not answer basic questions about his judicial philosophy, yet he is asking the Senate to confirm him to a lifetime job on the second highest court in the land.  This court affects every single American in countless ways through its decisions on everything from clean air and water, to the rights of working men and women, to the voting and civil rights of all minorities.

Becoming a federal judge for a lifetime is a privilege, not a right, and no nominee should be rewarded for stonewalling the Senate and the American people.  The Constitution directs senators to use their judgment in voting on judicial nominees, not to rubber stamp them.

The Democratic Senate confirmed a record 100 of President Bush’s judicial nominees, acting faster and more fairly than Republicans did with President Clinton’s nominees.  But President  Bush has also proposed several controversial nominees, like Miguel Estrada, who divide the American people and the Senate.

The President can end this impasse, and I hope he will act to give senators the answers they need to make informed judgments about this nomination.  The President can also help by choosing mainstream judicial nominees who can unite instead of divide the American people.

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