Statement Of Senator Patrick Leahy On The Nomination of William Myers March 1, 2005
However, much as we have worked together on both sides of the aisle to fill an impressive number of vacancies by any measure, President Bush continues to insist on a handful of extreme, activist nominees to key positions on some circuit courts. Even after the Senate, through the use of long-standing rules, has denied confirmation to these nominees and has made clear that they are highly controversial within the Senate and to the American people, the President has continued to support them and send them back time and again to the Senate. He did it again just a few weeks ago, when he renominated 20 candidates for federal judgeships, seven of whom have already been considered by the Senate, and others about whom he knows there is great controversy and disagreement. By sending these nominations back to the Senate he is choosing partisan politics over good policy and obstructing our ability to fill the few remaining vacancies.
The nominee before us today, William Myers, is among those already examined, and the Senate has withheld its consent to his lifetime appointment. This nomination was rejected for its partisanship and lack of distinguished qualifications. Instead of trying to change the vote on this nomination, the President would be well advised to work with the Senate to find a consensus nominee to fill the vacancy on the Ninth Circuit. That would go a long way toward avoiding the kind of debacle the Chairman so rightly predicts could ensue if we continue on the path this nomination represents.
I agree with what the Democratic Leader has said about the already-considered judicial nominees, and I too expect that the outcome of this nomination will not change if we are pushed to consider it again in Committee and on the Senate Floor. I still oppose the confirmation of Mr. Myers to the Ninth Circuit for all of the reasons I laid out last July. I still believe Mr. Myers to be perhaps the most anti-environmental judicial nominee sent to the Senate in my 30 years in representing Vermont in the U.S. Senate. I still believe that the nomination of William Myers to the United States Court of Appeals for the Ninth Circuit is an example of how this President has misused his power of appointments to the federal bench. I still believe Mr. Myers is not independent enough to receive confirmation for a lifetime appointment to this federal circuit court. Nothing has changed.
Byrd is on again. I'm listening now. It is really pretty funny if you realize how ridiculous it is.