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Byron Dorgan: on another subject, this morning I read some very troubling comments by a member of the House leadership, on the subject…

On the recordApril 20, 2005
on another subject, this morning I read some very troubling comments by a member of the House leadership, on the subject of judges. I normally would not comment about remarks made by a member of the House, but we face in the Senate the prospect of what some are calling the nuclear option. This relates to an attempt by an arrogant majority to violate the rules of the Senate, in order to change the rules with respect to the confirmation of judicial nominations. Because of the real possibility that this so-called nuclear option will be exercised, I wish to react to some of these things that have been said about judges. Judges serve for a lifetime. There are two steps to put a judge on the bench for a lifetime. One, the President must nominate. Second, the Senate advises and consents. In other words, the Senate decides whether it agrees a judge is fit for service for a lifetime. It is not unusual for the Senate to decide that a judicial nominee by a President should not go forward. In fact, that happened to America's first President, George Washington. He lost one of his judicial nominations. The Senate has approved 205 out of 215 Federal judicial nominations sent to us by President Bush. Because we have only approved 205 out of 215, which is 95 percent-plus, because there are a few who we have selected who we would not want to confirm, there are those who speak of changing the Senate rules, and to do so by violating the Senate rules.…
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Byron Dorgan
Democratic · North Dakota

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