On the recordFebruary 26, 2019
I rise in opposition to a nomination we are going to be vote on very soon--the confirmation of Eric Miller to serve on the U.S. Court of Appeals for the Ninth Circuit. As a U.S. Senator, I take my obligation to advise and consent on judicial nominations very seriously, and I believe Mr. Miller's confirmation process has gone against longstanding Senate tradition and norms and limited our role to advise and consent on his nomination. This nomination has proceeded over the objection of both myself and my colleague from Washington, Senator Murray. For more than 100 years, conferring with Senators and allowing them to advise and consent on judicial nominees in their home State has been our process. Since 1936, only eight judges have been confirmed when one home State Senator objected. In every case, confirmed nominees have been supported by at least one Senator from the nominee's State, and to this day no circuit court judge has ever been confirmed despite opposition from their home State Senators. All that would change if Mr. Miller is confirmed. His confirmation hearing was held during a recess last Congress, when the vast majority of Senators were back in their States. In fact, only two Members of the U.S. Senate were present at the hearing, and neither one of them were Democrats. Mr. Miller was questioned for less than 5 minutes--5 minutes--and when the Judiciary Committee Democrats requested another hearing, that request was rejected. Confirming Mr.…





