Patrick Leahy: “I was just thinking, while we are all here, I know we continue to have a number of names on the Executive Calendar on…”

“I was just thinking, while we are all here, I know we continue to have a number of names on the Executive Calendar on nominations, and we have, let's see, nine judges, all of whom have been voted out of the Judiciary Committee, I think in most cases unanimously. We have close to 100 vacancies in the Federal judiciary. Among those who are on here is Sonia Sotomayor of the second circuit. This has been out for some time now. She has been before the Senate for a couple of years now, I believe. This is a circuit where the Chief Judge has declared a judicial emergency. I believe it is the first time a circuit court has declared a judicial emergency, I think maybe the first time in history that they have done that. But what that means is that if you go before the second circuit, you don't even have a panel made up of second circuit judges. You have one second circuit court of appeals judge and two visiting judges. And yet we have two nominees for the second circuit on the Executive Calendar, both of whom could be voted on in the next 5 minutes--they went out of the Judiciary Committee very easily--and it would stop this judicial emergency. The reason I mention this, Mr. President, is that with 100 vacancies in the Federal judiciary, nearly 100 vacancies, we are finding around the country that prosecutors have to lower charges; they have to nol- pros cases; they have to plea bargain because they cannot give a speedy trial.”