On the recordFebruary 12, 2003
Mr. Fielding's work in this so-called well-qualified rating does not meet the smell test. It certainly does not meet the test the ABA adopted. We have also heard tonight, last night I should say at this point, that there is a vacancy crisis on the Federal bench. Yet when my colleague, Senator Hatch, served as chairman of the Judiciary Committee during the Clinton years, he declared that a vacancy rate of 67 judgeships on the Federal bench was ``full employment'' basically. My colleagues have also asserted there is a crisis in the DC Circuit, noting there are four vacancies in the DC Circuit. I say to my colleagues, if they were concerned about such a crisis in the DC Circuit, why didn't they fill the vacancies? Do you know why? They said the court had too many judges; they did not need more judges. Even though we had well-qualified people, such as Elena Kagan and Allen Snyder, they said the court had enough judges to do the work they do. They held them up so they could fill the court--hoping they would take the majority and the White House. They wanted their judges on this important court that rules on civil rights, workers' rights, environmental protections, women's rights, and a number of other issues. Now suddenly the court that was jammed to the gills, which really did not need more judges, now needs them all.…
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