Sotomayor Nomination

Floor Speech

Date: June 9, 2009
Location: Washington, DC
Issues: Judicial Branch

BREAK IN TRANSCRIPT

Mr. DURBIN. Mr. President, I join in saying the chairman of the Senate Judiciary Committee, Senator Leahy, has come up with a reasonable timetable for considering this historic nomination. I believe his setting Monday, July 13, for the hearing is well within the ordinary bounds of time allotted for Supreme Court nominees. The important date is when paperwork is submitted. When it came to the submission of paperwork before the hearing actually took place, basically, when it came to Judge Sotomayor, she completed her paperwork setting forth her key information, background, on June 4. The July 13 hearing will take place 39 days after that paperwork was submitted.

In the case of Justice Alito--who incidentally had participated in 4,000 cases, 1,000 more than Judge Sotomayor--in that case, in Justice Alito's case, the hearing took place 40 days after we received his work; for Chief Justice John Roberts, 43 days. This is entirely consistent.

I might also add a point that was raised by Senator Udall of New Mexico. Judge Sotomayor is no stranger to this Chamber. She was nominated first for the district court bench by President George Herbert Walker Bush and then nominated for the district court by President Clinton. That is an indication that we have seen her work before. We are aware of her background.

The last point I would make, consistent with the Senator from California, is that justice delayed could be justice denied. In this case, if we continue this hearing for a record-breaking period of time--which has been requested by the Republican side--it will mean we will have a vacancy on the Supreme Court when it begins its important work this fall.

What Chairman Leahy has asked for is reasonable. It is consistent with the way Judges were treated under President Bush and at the time the Republicans had no objection or complaint about it. This is a reasonable timetable. I urge my colleagues to support Chairman Leahy.

I yield the floor.


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