Mr. SPECTER. Mr. President, after careful consideration, I am voting to confirm Mr. J. Leon Holmes for the United States District Court for the Eastern District of Arkansas.
I am concerned about certain of his writings/statements where he said: ``..... concern for rape victims is a red herring because conceptions from rape occur with approximately the same frequency as snowfall in Miami .....'', ``the wife is to subordinate herself to her husband'' and analogies of pro-choice advocates to Nazis and abortion to slavery.
Mr. Holmes subsequently acknowledged ``using strident and harsh rhetoric'' on abortion and wrote to Senator Blanche Lincoln that ``I am a good bit older now and I hope more mature than I was at that time,'' blaming immaturity for his past harsh statements.
After discussing these issues with Mr. Holmes and noting that they were written some time ago, in 1980 and 1997 respectively, I do not believe that they reflect a fixed state of mind demonstrating a pre-disposition on judicial issues to come before his Court. I am also mindful that, as a District Court Judge, his decisions will be subject to review by the Court of Appeals. There would be a substantially different consideration if he were a Circuit Court Judge where he could cast the decisive vote on a three-judge panel where it would be unlikely to be reviewed by the U.S. Supreme Court since certiorari is granted in such a small number of cases.
Mr. Holmes has a very impressive academic record, graduating first in his law school class at the University of Arkansas, holds a Ph.D. in Political Science from Duke University and an M.A. degree from Northern Illinois University and is a member of Phi Beta Kappa.
In voting for confirmation of Mr. Holmes, I also noted that he has the support of both of his home State senators. In their floor statements, Senator BLANCHE LINCOLN and Senator MARK PRYOR noted that Mr. Holmes has broad support among pro-choice advocates from Arkansas, and both Senators concluded that he should be confirmed based on their knowledge of his legal skills, temperament and character and based on his reputation in their community among others who know him. In addition to their floor statements, I talked individually to Senators LINCOLN and PRYOR who amplified to me their solid support for Mr. Holmes.
For these reasons, I am voting to confirm Mr. J. Leon Holmes.
NOMINATION OF J. LEON HOLMES, TO BE UNITED STATES DISTRICT JUDGE--Continued -- (Senate - July 06, 2004)
This staement alone disqualifies Specter from any role in judicial appointments, much less the chairmanship of Judiciary.