Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, as we have for the past 3 weeks, my Republican colleagues, as we can see from the Chamber now, and I have stood ready to debate the Estrada nomination. Few of our Democrat colleagues have been present tonight, although we clearly stand ready to vote on this nomination. It appears that most of our colleagues in the minority are prepared neither to debate nor to vote on Miguel Estrada. Tonight my colleagues have shed light on the immense reaction from newspapers all over the country to the obstruction of this nomination. Tonight my colleagues have shed light on the fact that the peculiar and truly unprecedented obstruction the minority is pursuing is founded upon a double standard which is being applied to this particular nominee. Tonight we have made clear once again that obstruction is being played out in the Senate by a minority that appears far from the mainstream of opinion throughout this country. I ask unanimous consent that the vote occur on the confirmation of the nomination of Miguel Estrada at midnight tonight, provided further that the time between now and then be equally divided between the chairman and ranking member or their designees, and that at midnight the Senate proceed to a vote on the confirmation of the nomination with no intervening action or debate.

Mr. FRIST. Mr. President, the Washington Post has repeatedly and emphatically called on the Democratic leadership to stop these demands for confidential memoranda. I was wondering if the Senator had seen the Washington Post editorial from last September that said, ``Seeking Mr. Estrada's work product as a government lawyer is beyond any reasonable inquiry into what sort of judge he would be. Nor is it fair to reject someone as a judge because that person's decision to practice law rather than write articles or engage in politics makes his views more opaque.'' Does the Senator agree that these demands go beyond any reasonable inquiry and are instead a gimmick and an attempt to prevent this nominee from ever getting a vote?

Mr. FRIST. Will the Senator yield for one last question?

Mr. FRIST. Does the Senator from Utah share my concern that what they are doing in filibustering Miguel Estrada is harmful to the institution of the Senate and its advise and consent responsibilities?

Mr. FRIST. Will the Senator yield for a question?

Mr. FRIST. The chairman of the Judiciary Committee is a constitutional law scholar and knows the rules and the practices of the Senate. My question is, Has he ever seen a filibuster used against an appellate court nominee?

Mr. FRIST. Will the Senator yield for a question?

Mr. FRIST. Is the Senator aware that it has been suggested a double standard is being applied to this nominee with requests being made that have never been applied to any other nominee? Does the Senator have any explanation for this?

Mr. FRIST. If the Senator will yield for a question----

Mr. FRIST. Will the Senator agree that the opposition mounted against Mr. Estrada is not about his qualifications?

Mr. FRIST. Will the Senator yield for a question?

Mr. FRIST. We know in fact that the American Bar Association has given Mr. Estrada its highest rating--in fact, unanimously well qualified. Does the Senator know if the Senate has ever obstructed a vote on any nominee recommended to the Senate by the Judiciary Committee who has received an ABA rating of unanimously well qualified?

Mr. FRIST. Mr. President, will the chairman of the Judiciary Committee yield for a question?

Mr. FRIST. Mr. President, the Senator from Utah has been reviewing the records of judicial nominees for 27 years. Does the Senator know of many lawyers who have argued 15 cases before the Supreme Court, as has Mr. Estrada?

Mr. FRIST. Will the Senator yield for a question?

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the appointment that is at the desk appear separately in the Record as if made by the Chair.

Mr. FRIST

Mr. FRIST. Mr. President, if there is no further business to come before the Senate, I ask that the Senate stand in adjournment under the previous order.

Mr. FRIST

Mr. FRIST. Mr. President, for the information of all Senators, tomorrow--which is today--the Senate will begin its 11th day of consideration of the Estrada nomination. I thank my colleagues for their hard work today and encourage those Members who still wish to speak on the nomination to do so during tomorrow's session.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand in adjournment until 12 noon, Thursday, February 27. I further ask that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and the Senate return to executive session and resume the consideration of the nomination of Miguel Estrada to be a Circuit Judge for the District of Columbia Circuit.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate immediately proceed to executive session to consider the following nominations on today's Executive Calendar: Calendar No. 33 and all nominations on the Secretary's Desk. I further ask unanimous consent that the nominations be confirmed en bloc, the motions to reconsider be laid upon the table, the President be immediately notified of the Senate's action, and the Senate then return to legislative session.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the resolution be agreed to and the motion to reconsider be laid upon the table without any intervening action or debate.

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 66, which was submitted earlier today by Senators Lott and Dodd.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the following paper, ``Race-sensitive Admissions: Back to Basics,'' by William G. Bowen, president emeritus of Princeton University, and Neil L. Rudenstine, president emeritus of Harvard University, be printed in the Record.

Mr. FRIST

Mr. FRIST. Mr. President, for the information of all Senators, tomorrow the Senate will begin its 9th day of consideration of the Estrada nomination. I believe that both sides of the debate have had adequate time and the Senate should now be able to work its will.

Mr. FRIST

Mr. FRIST. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that the Senate stand in adjournment under the previous order.