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Dear Friend:

Thank you for contacting me about the nomination of Miguel Estrada to the Circuit Court of Appeals for the District of Columbia.

An independent federal judiciary is a fundamental part of our constitutional democracy. In fact, nominating judges to the federal bench is among the most important and lasting decisions that a President can make.

Equally important is the Senate's role of advice and consent on judicial nominations. Senators have a constitutional duty to evaluate a President's nominees. Part of the proper exercise of that duty requires that Senators be given adequate information to evaluate nominees.

Mr. Estrada was nominated by President Bush for a lifetime appointment to what is arguably the second highest court in the land. The D.C. Circuit Court has jurisdiction over a broad range of issues, from consumer and environmental protection to civil rights and workplace rules. Despite the importance of the position to which he has been nominated, Mr. Estrada's views on fundamental constitutional issues were not provided to the Judiciary Committee and therefore the Senate itself.

The facts that Mr. Estrada has no judicial experience and has published little do not disqualify him. But they do make it even more important that he be willing to discuss his views on fundamental constitutional issues and to provide the Senate with his legal memoranda. Unless and until the Senate is given access to the information necessary for us to exercise our constitutional duty to judge his nomination, I cannot support Mr. Estrada's confirmation.

Sincerely,

Carl Levin