Congressman Lamar Smith 21st district of Texas

Contact: Blair Jones 202 225 4236

Washington, May 3, 2005 - Mr. Speaker, Since 2003, Senate Democrats have filibustered or threatened to filibuster ten of the President’s circuit court nominees, including Texas Supreme Court Justice Priscilla Owen to the Fifth Circuit and Richard A. Griffin, David W. McKeague, Susan Bieke-Neilson and Henry W. Saad to the Sixth Circuit Court of Appeals. This is unprecedented.

Some believe that applying the filibuster to judicial nominations is a long and revered Senate tradition. Not so. Never before has a judicial nominee with clear majority support been denied an up-or-down vote on the Senate floor. Not once.

The filibuster of nominations is not part of the U.S. Constitution, nor is it even part of the original Senate rules.

Not until Miguel Estrada’s nomination in 2003 had a judicial nominee with clear majority support been blocked by a filibuster. Seven attempts to break the filibuster of Mr. Estrada’s nomination failed – despite the support of 55 Senators.

We cannot allow the filibustering of judicial nominations to dictate our system of justice. Fairness in the justice system begins with the confirmation of capable judges.

Each time a nominee is denied a vote, the American people are denied justice. The American people deserve more. It’s time for every judicial nominee to receive an up-or-down vote.