Tom Udall: “I rise to oppose the nomination of Eric Miller to be circuit judge for the U.S. Court of Appeals for the Ninth Circuit.…”

“I rise to oppose the nomination of Eric Miller to be circuit judge for the U.S. Court of Appeals for the Ninth Circuit. Senate traditions command respect, and if we are going to change them, we should do so in a bipartisan way. Changing rules midstream and changing traditions well into the Congress causes bitterness, acrimony, and it hurts our ability to work with each other. Such Senate traditions as the blue slip, where the nominee's home State Senators are given an opportunity to object--this courtesy has been in place for more than 100 years as part of the Senate's advice and consent responsibility. If confirmed, Mr. Miller would be the first circuit court nominee in history to be confirmed without having a blue slip returned from either of his home State Senators. The lack of respect shown for this Senate tradition by the Republican leadership of the Judiciary Committee is as saddening as it is alarming. Another Senate tradition again flouted by the majority was holding Mr. Miller's confirmation hearing during a Senate recess. The recess hearing--lasting only 30 minutes, with only two Republican Members in attendance--was objected to by Democratic Members who sought to question Mr. Miller on a number of legal issues, including Indian law. Instead, the questioning lasted less than 5 minutes. Bringing Mr.…”