Schumer Statement on Miguel Estrada

SCHUMER STATEMENT ON MIGUEL ESTRADA

Schumer: "For the advise and consent process to work, nominees have to be forthright and answer questions when they come before the Senate"

This is a sad day for Miguel Estrada and the judicial confirmation process. Had Mr. Estrada answered questions and had the Administration provided documents, we would have had a real debate about whether Mr. Estrada is qualified for a lifetime appointment to the nation's second most powerful court.

Unfortunately, this White House thumbed its nose at the Constitutionally-prescribed role of the Senate in the nominations process when it admonished Miguel Estrada not to answer the fair, reasonable, and relevant questions we put to him.

This issue transcends any one person and goes to the core of the Constitution itself. For the advise and consent process to work, nominees have to be forthright and answer questions when they come before the Senate.

To confirm Mr. Estrada when the White House treated the Constitutional process with such arrogance would have permanently changed the advise and consent clause and given the President carte blanche in choosing judges. The Founding Fathers did not want the Senate to be a mere rubber-stamp in the confirmation process.

Miguel Estrada is an unfortunate victim of the White House policy of not cooperating with the Senate and stonewalling in the appointment of judges. As long as the Administration continues to do this, we will continue to block the judges they nominate that are far beyond the mainstream or refuse to answer questions. Our constitutional duty demands no less.

No American expects to be hired for a job after refusing to answer questions in his interview. That's true for any job, but it's especially true when you are applying for a lifetime position on one of the nation's most powerful courts, a position in which Mr. Estrada would have had a huge say on a range of important issues.