Clearly Embarrassed by Their Unprecedented Acts of Obstruction, Senate Democrats Once Again Claim Precedents for the Current Filibusters

CLEARLY EMBARRASSED BY THEIR UNPRECEDENTED ACTS OF OBSTRUCTION, SENATE DEMOCRATS ONCE AGAIN CLAIM FALSE PRECEDENTS FOR THE CURRENT FILIBUSTERS

U.S. Sen. John Cornyn, chairman of the Senate Judiciary Committee's subcommittee on the Constitution, made the following statement Tuesday regarding claims of "precedent" for the current unconstitutional filibusters against President Bush's nominees to the federal bench:

"Once again, Senate Democrats are attempting to revive their discredited claims that the filibusters of Owen, Pryor, Estrada and Pickering can be justified on the basis of precedent. But it is critical to set the record straight: Throughout the entire history of the Senate, no judicial nomination has ever been stopped by filibuster - until now. Throughout the history of the Senate and the United States of America, every judicial nominee who has received the support of a majority of Senators has been confirmed-period, end of story. Until now, that is.

"Don't just take my word for it; Senate Democrats have already admitted that their current obstruction is 'unprecedented.' Most recently, in a fund-raising electronic newsletter to potential donors, the chairman of the Democratic Senatorial Campaign Committee, Sen. Jon Corzine (D-N.J.) acknowledged - indeed, he boasted - that the current blockade of judicial nominees is 'unprecedented.' It is plainly dishonest for Senate Democrats to tell their donors one thing, and the American people another thing.

"Further, the alleged precedents now cited by Senate Democrats for the current filibusters are all false. The fact is, Paez, Berzon, and Sarokin were all confirmed by the U.S. Senate. Indeed, Paez was confirmed by fewer than 60 Senators-because Republican Senators understood that it is wrong to filibuster judicial nominees.

"In fact, Paez and Berzon are now judges on the Ninth Circuit, and Sarokin served as a judge on the Third Circuit until he retired on his own volition. I would love for current nominees to be 'mistreated' the way Clinton nominees were: If Senate Democrats treated Pryor, Owen, Pickering, and Estrada the same way Paez, Berzon, and Sarokin were treated, they would all be serving on the circuit courts today.

"I think Sen. Daschle said it best: 'An up-or-down vote, that is all we ask . . . they deserve at least that much. . . . I must say, I find it simply baffling that a Senator would vote against even voting on a judicial nomination.'" (--Cong Rec. 5 Oct. 1999: S11919. )