Edward Prado Nomination

Mr. REED. Judge Prado has served 19 years in the United States district court. As some of my colleagues have noted, it is sometimes more challenging to review nominees who come to us from private practice and universities. We have to extrapolate from their record in those different roles as to how they would perform as a judge. With Judge Prado, we certainly do not have that problem. We know how he has performed as a judge.

With the nomination of Priscilla Owen, the same applies. We have the Priscilla Owen and Judge Prado judicial records we can directly evaluate. In the case of Justice Owen, it is a record many on our side find troubling. If all the Members had been present today, it would have been 47 people voting against cloture.

In the case of Judge Prado, it is a record we find evinces an evenhandedness and fairness befitting a circuit court judge. Not that I would decide every case the way Judge Prado has—I would not—but overall he has won the support of all Democratic Senators, as far as I know, on the Judiciary Committee, and other Democratic Senators, because they found his record one of balance and fairness. Unlike Justice Owen and Mr. Estrada, no colleague or supervisor has questioned his ability to apply the law faithfully. Unlike Justice Owen and Mr. Estrada, no single person or organization has submitted a letter of concern or opposition to Judge Prado's nomination.

Judge Prado has generated no controversy. He is experienced. While I am sure he is conservative, it does not matter; He is an evenhanded judge.

There is something to be said for conservative judges. If conservatism means the law is followed, stare decisis, the precedent set, I think that is good.

Judge Prado will be confirmed today because he is a fine person and an excellent judge. As I have noted in the past, eight of the sitting Latino judges were appointed by President Clinton. Several of these judges were denied Senate consideration for years while the Republicans controlled the Senate. Judge Richard Paez, nominee for the Ninth Circuit, waited over 1,500 days. He was well qualified, had the support of his hometown Senators, and 39 Republicans voted against his nomination. There is nothing wrong with that. They had different views as to how he would serve as a judge.

Judge Sonia Sotomayor, a nominee to the Second Circuit, was similarly stalled. Her confirmation took 433 days. Then there were the Hispanic nominees who were denied hearings or votes by Republicans during the Clinton administration: Jorge Rangel, Enrique Moreno, Christine Arguello, Richard Morado, Anabelle Rodriquez.

These facts and the expected confirmation of Judge Prado belie the anti-Hispanic charges some have made in the context of the Estrada debate. The extended debate Democrats have sought to have on just a handful of judicial nominees affects our constitutional advice and consent duty.

While the number of judges who have been confirmed demonstrates our good faith in working with our colleagues and the President, we will not simply rubberstamp ideologically driven individuals for lifetime seats on our Federal courts.

I am pleased that today we are moving forward on this qualified judge, Edward Prado. I believe the way Judge Prado's nomination has been received in the Senate points the way through some of the conflict that has occurred in the Senate over a very small number of judicial nominees.

If my math is correct, by today's end there will be 121 versus 2. That is a good record in anyone's book.

I suggest the absence of a quorum.