I suggest the absence of a quorum. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, let me say a few words regarding the excellent work of the Judiciary Committee, the work that has…
I suggest the absence of a quorum.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, let me say a few words regarding the excellent work of the Judiciary Committee, the work that has been done by Chairman Leahy. He has informed me that Senator Sessions has been most cooperative during the entire time Senator Sessions has had this new assignment.
Senator McConnell asked me one day last week to delay a floor vote on Judge Sotomayor until after the August recess, and he sent me a letter, which I was happy to receive, making his case for this delay. I indicated to him this morning--he, Senator McConnell--that I had a telephone call scheduled with the chairman of the Judiciary Committee and the President to go over the content of Senator McConnell's well- written letter.
We had quite a long conversation with the President. Time? I don't know, 15 minutes, 10 minutes. But it was certainly enough to learn very quickly that the President was well versed on this nomination.
After having spoken with the President and the chairman of the committee this morning, I had an obligation to convey to Senator McConnell my conclusion based on my conversation with the President.
What I wish to do now, Mr. President, is read into the Record a letter I had delivered this morning to Leader McConnell:
Dear Mitch:
Thank you for your letter regarding the process for
considering the nomination of Judge Sotomayor to the United
States Supreme Court. I have taken your concerns
into consideration and have discussed the confirmation
process with the President and the Chairman of the Judiciary
Committee.
Judge Sotomayor's judicial record is largely public and has
been undergoing extensive review by all interested parties at
least since the President announced her nomination on May 26.
In addition, she has returned her questionnaire, including
available records of her speeches and writings, in record
time. Her record for review is now essentially complete.
In contrast, both Judge Roberts and Judge Alito had spent
significant time in the executive branch and much of their
record was not public or available for review following their
nominations. Numerous executive branch documents were not
included with their questionnaires, and much staff
preparation time was devoted to extensive negotiations over
document production with both nominations.
In 2005, Senator Leahy agreed to a September 6 hearing date
for the Roberts nomination before Judge Roberts had submitted
his questionnaire, and before more than 75,000 pages of
documents, primarily from the Reagan Library and the National
Archives, came in throughout August and before the hearing
began in September. Indeed, on the eve of the planned start
of the hearing, on August 30, the Archives notified the
Judiciary Committee they had found a new set of documents
consisting of about 15,000 pages. These were delivered
September 2, further complicating the hearing preparations.
The hearings went ahead on September 12.
Furthermore, Hurricane Katrina hit New Orleans and Chief
Justice Rehnquist passed away while Judge Roberts' nomination
to be an Associate Justice, leading to a week-long delay in
his hearing after he was then nominated to be the new Chief
Justice.
Despite these obstacles, Judge Roberts was confirmed 72
days after President Bush named him as a nominee to the
Supreme Court. If Judge Sotomayor is confirmed before the
Senate recess in August, she will have been confirmed on a
virtually identical timetable. If, however, she is not
confirmed until the beginning of the Court's term in October,
consideration of her nomination will have lasted nearly twice
as long as that of Judge Roberts.
Confirming Judge Sotomayor before the August recess would
give her time to prepare adequately for the Court's fall
term, including the review of hundreds of petitions for
certiorari for the Court's first conference and preparation
for merits arguments. It would also allow her time to move
and hire law clerks. I do not believe it is fair to delay
Judge Sotomayor's confirmation if it is not absolutely
necessary.
I appreciate that Senate Republicans are committed to a
fair and respectful confirmation process for Judge Sotomayor.
I believe it is important that Senators be permitted the
opportunity to thoroughly review Judge Sotomayor's record and
to fulfill our constitutional duty to provide advice and
consent. I believe our proposed schedule for hearings and a
floor vote on her confirmation will do so.
I signed that letter Harry Reid.
The hearing date is just 48 days after Judge Sotomayor was selected and is consistent with the 51-day average time between announcement of a Presidential selection and the start of their hearings. It has been that way for the past nine Court nominees who were confirmed.
The proposed alternative, that the hearings be held after the August recess, or the first Tuesday after Labor Day, Tuesday, September 8, would subject Judge Sotomayor to the longest delay between selection and her confirmation hearing of any Supreme Court nominee in history, so far as we can tell. We stopped checking, frankly, when we got back to 1960. The GOP plan would delay her hearing until the 107th day after her selection. Robert Bork, the current record holder, waited 76 days. Thomas and Alito waited 64 and 67 days, respectively.
We are doing our utmost to have this nominee have a fair hearing. We want to make sure the Republicans have all the time they need, but history doesn't lie, and history suggests we are being overly generous with this good woman. She will be a wonderful addition to the Court, and I would hope we can move forward and have this matter resolved quietly, respectfully, and fairly.
Will my friend yield for a moment?
It is also true, is it not, the announcement was made that during the 5 weeks we are in session during July we are going to be working Mondays through Fridays, and you have informed the members of the Judiciary Committee--Democrats and Republicans--that would be the case? That is why--it is my understanding from the distinguished chair--you had announced the hearing was going to start on a Monday?