Russ Feingold: “I oppose the nomination of Miguel Estrada. Let me take a few minutes to explain why. First, I want to discuss the…”

“I oppose the nomination of Miguel Estrada. Let me take a few minutes to explain why. First, I want to discuss the background of this nomination, which I think is an important factor for the Senator to consider. The DC Circuit, to which Mr. Estrada has been nominated, as many people have said, is widely regarded as the most important Federal circuit. It has jurisdiction over the actions of most Federal agencies. Many of the highest profile cases that have been decided in recent years by the Supreme Court concerning regulation of economic activity by Federal agencies in areas such as the environment, health and safety regulation, and labor law, went first to the DC Circuit. In the area of administrative law and the interpretation of the major regulatory statutes such as the Clean Air Act, the Clean Water Act, the Occupational Safety and Health Act, the National Labor Relations Act, and even the Federal Election Campaign Act, the DC Circuit is the last word, as the Supreme Court accepts relatively few cases on appeal from the circuit courts. The DC Circuit is now evenly split, and has been for some time, between nominees of Democratic and Republican Presidents.”