Orrin Hatch

I have heard remarks on the floor by colleagues on the other side that they are concerned he may not uphold all of their believed decisions. But he has said he would uphold precedent, that he would abide by the law as enunciated by the…

Not really. Not really. Not really, other than some who relied on Mr. Bender's comments. And I might add that Mr. Bender worked for Seth Waxman, who rebutted what Mr. Bender said, and put his reputation on the line as a Democrat former…

Well, for a Federal circuit court nominee, it would be honesty, integrity, temperament, physical capacity--or ability to work--but, in addition, an FBI report that is favorable, and an ABA rating, that isn't necessarily followed but…

He did, indeed, and he received rave reviews for his work at the Solicitor General's Office in the Clinton administration by a Democrat Solicitor General.

Courts take the laws that have been passed by you and give you the benefit of understanding that you take the same oath that they do to uphold the Constitution. And, therefore, they take the laws with the presumption that they are…

It wasn't very funny, but I appreciate the Senator trying to interject levity. We could use maybe a little bit around here, but this is a tough issue and we are all upset.

I believe there have been some demands that have been far in excess of what has been allowed by their own chairmen in the past, especially Chairman Kennedy and Chairman Biden. I think the Senator states it correctly.

In an unusual hearing, which was much longer than most circuit court of appeals hearings, from 10 o'clock to 5:30 that day, he was asked question after question. He was asked question after question by Democrats as well as Republicans, but…

There has only been one true filibuster in the history of this country, and that was the Fortas nomination. I have to say even President Nixon was against that filibuster. But it was a bipartisan filibuster of both Democrats and…

She was never brought to the floor. I acknowledge that. She was not. She was 1 of 41 who were left hanging at the end of that administration in contrast to the 54 left hanging when the Democrats lost the Presidency and a Republican was…

No. No, I would not. Technically, yes, but not because there was a filibuster. And the Senator knows that. In recent years we have used cloture motions for almost everything. But the Senator is talking to the Senator from Utah who knows…

When there is an attempt to try and stop debate, when there is an attempt to try to defeat a candidate. And in every case we have had a vote up and down and the judge has been approved.

No way. Nobody has ever called those a filibuster and there has never been a true filibuster against a circuit court of appeals nominee until this one, and your side has announced that this is a filibuster. No one has ever agreed that…

Let me answer that question. There has never been a true filibuster, until this one, against a circuit court of appeals nominee. In recent years, both sides have used cloture on various occasions other than for filibuster purposes, but…

Not for true filibusters. I agree we have had cloture votes but not for true filibusters. It has been because a majority leader wanted to have a cloture vote, not because we were not willing to vote on nominees on either side. Your side…

I guarantee you it is not us. I guarantee you it is you, and if you deny it I would be happy to go to a vote right now.

Let me address the Chair then in answering this question. Miguel Estrada, without one thing against him--and by the way, Judge Paez had plenty of things against him that indicated he was not only an activist judge but ruled without regard…

There is no question. I agree with the distinguished Senator from Texas. That is what is going on here, and they are depriving this qualified Hispanic of his right to sit on this bench without any real justification. That is what bothers…

It is time to give Miguel Estrada the same privilege that we gave to Judge Paez.

A simple majority. It says we have the power of advising and consenting. It does not say we have the power to advise and filibuster or obstruct, which is what is going on here.

As you can see, there is no fairness in this process. This is the first filibuster for a circuit court of appeals nominee in the history of this country. The majority leader has been very fair in granting extra time. The other side said…

I agree, justice delayed is justice denied, and this is a very important court. The problem is our friends on the other side just do not want a conservative Hispanic appointed by a Republican President on that court.

Well, let's just be honest about it. Considering a nomination for a judgeship like it is being done here would become just a methodology for anybody. If you didn't get the papers you wanted from some source or other in the Federal…

And three Democrat Solicitors General reviewed these materials and had access to them, and they have nothing but praise for the work of Mr. Estrada.

No question about it. It is a fishing expedition. And why is it? We received the last letter to produce these materials after they had been refused, in eloquent, very deliberate and straightforward letters from the White House; we received…