S.Res. 327

A resolution providing for a protocol for nonpartisan confirmation of judicial nominees.

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        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 327 Introduced in Senate (IS)]

108th CONGRESS
2d Session
S. RES. 327

Providing for a protocol for nonpartisan confirmation of judicial
nominees.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 1, 2004

Mr. Specter submitted the following resolution; which was referred to
the Committee on Rules and Administration

_______________________________________________________________________

RESOLUTION

Providing for a protocol for nonpartisan confirmation of judicial
nominees.

Whereas judicial nominations have long been the subject of controversy and delay
in the United States Senate;
Whereas, in the past, the controversy over judicial nominees has occurred when
different political parties control the White House and the Senate;
Whereas, in the current Congress, even though the White House and the Senate are
controlled by the same party, the controversy over judicial nominees
continues and has reached a crisis point;
Whereas, during the current Administration, there have for the first time been
Senate filibusters of nominees to the U.S. Circuit Courts of Appeal;
Whereas the White House has made recess appointments of two of these
filibustered nominees; and
Whereas the minority party has taken the position that further Senate
confirmations of the President's judicial nominees would be blocked
unless the White House gives assurances that it will no longer make such
recess appointments: Now, therefore, be it
Resolved,

SECTION 1. PROTOCOL FOR NONPARTISAN CONFIRMATION OF JUDICIAL NOMINEES.

(a) Timetables.--
(1) Committee timetables.--The Chairman of the Committee on
the Judiciary, in collaboration with the Ranking Member,
shall--
(A) establish a timetable for hearings for nominees
to the United States district courts, courts of appeal,
and Supreme Court, to occur within 30 days after the
names of such nominees have been submitted to the
Senate by the President; and
(B) establish a timetable for action by the full
Committee to occur within 30 days after the hearings,
and for reporting out nominees to the full Senate.
(2) Senate timetables.--The majority leader shall establish
a timetable for action by the full Senate to occur within 30
days after the Committee on the Judiciary has reported out the
nominations.
(b) Extension of Timetables.--
(1) Committee extensions.--The Chairman of the Committee on
the Judiciary, with notice to the Ranking Member, may extend by
a period not to exceed 30 days, the time for action by the
Committee for cause, such as the need for more investigation or
additional hearings.
(2) Senate extensions.--
(A) In general.--The majority leader, with notice
to the minority leader, may extend by a period not to
exceed 30 days, the time for floor action for cause,
such as the need for more investigation or additional
hearings.
(B) Recess period.--Any day of a recess period of
the Senate shall not be included in the extension
period described under subparagraph (A).
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