http://www.freerepublic.com/focus/f-news/1019988/posts?page=157#157 SETTING THE RECORD STRAIGHT ON JUDICIAL NOMINATIONS (Senate - March 19, 1997)
[Page: S2540] GPO's PDF
Mr. BIDEN
..................Let it suffice to say at the moment, at least for me, that it is totally appropriate for any U.S. Senator to voice his or her opposition to any nominee for the Court, and they have a full right to do that. In my study of and teaching of constitutional law and separation of powers issues, there is nothing in the Constitution that sets the standard any Senator has to apply, whether they vote for or against a judge.
But I also respectfully suggest that everyone who is nominated is entitled to have a shot, to have a hearing and to have a shot to be heard on the floor and have a vote on the floor.
We had a tie vote in the committee, Madam President, on one of the Supreme Court nominees. I was urged by those who opposed him--and I opposed this particular nominee--to not report it to the floor. My reading of the Constitution, though, is the Judiciary Committee is not mentioned in the Constitution. The Judiciary Committee is not mentioned. The Senate is. We only in the Judiciary Committee have the right to give advice to the Senate, but it is the Senate that gives its advice and consent on judicial nominations.
I sincerely hope, and I have urged the administration to confer with Republican Senators before they nominate anyone from that Senator's State. I think that is totally appropriate. I think it is appropriate, as well, that Republican Senators, with a Democratic President, have some input, which Democrats never had with the last two Republican Presidents. I think that is appropriate.
But I do not think it is appropriate, if this is the case--and I do not know for certain, it just appears to be--if the real hangup here is wanting to reach an informal agreement that for every one person the President of the United States gets to nominate, the Republican Party will get to nominate someone, the Republican Party in the Senate. Or for every two persons that the President nominates, the Republicans get to nominate one.
It is totally appropriate for Republicans to reject every single nominee if they want to. That is within their right. But it is not,I will respectfully request, Madam President, appropriate not to have hearings on them, not to bring them to the floor and not to allow a vote , and it is not appropriate to insist that we, the Senators--we, the Senators--get to tell the President who he must nominate if it is not in line with the last 200 years of tradition.
Again, I did not intend speaking at all on this, other than the fact I walked through and it was brought up, and since I was in that other capacity for so long, I felt obliged to speak up.
158 posted on 11/12/2003 11:52 AM EST by OXENinFLA (Lack Of Orders Is No Excuse For Inaction ------ Patton