On the recordFebruary 10, 2003
an independent Federal judiciary is a fundamental part of our constitutional democracy. In fact, nominating judges to the Federal bench is among the most important and lasting decisions that a President can make. Equally important is the Senate's role of advice and consent on judicial nominations. Breakdowns in the nomination and confirmation process can impact not only the proper functioning of the judicial branch but the independence which is so critical to maintaining public confidence in the courts. It is the President's responsibility to work with Senators of both parties to fill vacancies on the Federal courts. It is the duty, the constitutional duty of the Senate to carefully deliberate over the President's nominees. Nobody can challenge the President's authority to nominate judges. It is indisputable. That the Senate has the right to advice and consent is equally indisputable. The two rights exist in the very same sentence of the Constitution. That is why the administration's repeated failure to consult with Democratic Senators on the nomination of Federal judges is so troubling. Refusal by a nominee to provide the Senate with adequate information to evaluate their record undermines our ability to carry out our constitutionally mandated duties.
Source
govinfo.gov




