Patrick Leahy: “last week, faced with five continuing vacancies on a 13-member Court, Chief Judge Winter of the United States Court of…”

“last week, faced with five continuing vacancies on a 13-member Court, Chief Judge Winter of the United States Court of Appeals for the Second Circuit certified the judicial emergency caused by these continuing vacancies, began canceling hearings and took the unprecedented step in the Second Circuit of authorizing 3-judge panels to be composed of two visiting judges and only one Second Circuit Judge. The Judiciary Committee has reported to the Senate the nomination of Judge Sotomayor to the Second Circuit, but her nomination continues to sit on the Senate calendar. Her nomination was received back in June 1997. She was favorably reported by a Committee vote of 16 to 2, once the Committee finally considered her nomination. She is strongly supported by both New York Senators, yet the nomination continues to languish without consideration. Three additional outstanding Second Circuit nominees are pending before the Judiciary Committee and await their confirmation hearings. Judge Rosemary Pooler was nominated back on November 6, 1997, as was Robert Sack, a partner in the law firm of Gibson Dunn & Crutcher. The final pending nomination to the Second Circuit was received two months ago, back on February 11, when the President nominated Chester J. Straub, a partner in the law firm of Wilkie Farr & Gallagher. I have been urging action on the nominees to the Second Circuit for many months.…”