Judge Paez had been an activist judge in the eyes of many of our colleagues on the district courts out there in California. Marsha Berzon was one of the leading labor lawyers in the country. We had some who wanted to filibuster them. I stood up in caucus and said that is not going to happen. To his credit, the then majority leader Trent Lott stood up and said that is not going to happen. We are both leading conservatives, but we knew that was a disastrous thing to do in this body because it would lead to animosities you could never quite--that would remain. It would lead to partisanship. It would violate the Constitution, it would violate the very advice and consent clause, the great power we have been given by the Founding Fathers. Frankly, as the distinguished Senator has pointed out, I stood up and said that is not going to happen and it did not. Did we have some cloture votes? Yes. But the cloture votes were to get to the nominee so we could vote. Every Clinton nominee who came to the floor, who was brought to the floor, got a vote up or down. Only one was defeated and that was Ronnie White, on a straight vote up or down. But every other one, all 377 of them, the second highest total in history, passed. Did I agree with all those judges? You bet your life I didn't. But they were qualified.…
Orrin Hatch: “Judge Paez had been an activist judge in the eyes of many of our colleagues on the district courts out there in…”
Editor's note · Context
Discussing judicial nominations and the importance of up-or-down votes during Senate debate.
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