Mr. Chairman, I wanted to applaud your decision to finally hold a hearing next week on judicial nominations. But, with all due respect to you, Mr. Chairman, I am greatly troubled by the fact that this will be the first hearing on nominations to be held this year.

The Committee has managed to find time this year to hold hearings on the Flag Amendment, the Victims’ Rights Amendment and numerous other matters. We have moved major legislation to the floor. But for some reason, we can’t find time to fulfill our basic constitutional function of advice and consent on nominations. That is very regrettable.

The Committee’s lack of action is preventing the Senate for doing its constitutional duty. The majority is acting like the bully in the school yard. We need to quit hiding the ball from the Senate, and do our job. We have well over 100 judicial vacancies to fill, not to mention Justice Department and other administrative positions. We have a lot of work to do. We need to roll up our sleeves and get to the business of strengthening the ranks of our federal judiciary. The majority can’t just ignore the issue. Even if the majority ultimately decides to reject a nominee, it is our obligation to go through the process of considering the nominees and giving, or not giving, our consent.

This is not a purely partisan issue. Even Chief Justice Rehnquist and the Judicial Conference have called on the Senate to fill judicial vacancies without further delay.

With every day that passes, justice is being denied to someone who can’t get a hearing or trial date because the judges on courts with multiple vacancies are over-worked and over-scheduled. A nomination delayed is justice delayed. As we know, justice delayed is justice denied. A vacancy unfilled is justice unfulfilled.

With every new federal statute creating liability for yet another federal crime, we are burdening our judges even more. What I find particularly troubling is that a majority of the Senate, and this Committee, breathlessly enacts additional federal criminal legislation, like the provision making it a federal crime to teach someone how to use explosive materials that we are to consider today. Yet, this same majority refuses to give our courts the resources they need to uphold and enforce the laws just enacted.

Finally, I am very troubled by the fact that a majority of the nominations that have been held up are women and minorities. I encourage my colleagues not to shun or be fearful of placing women and minorities on the federal bench. Just as we have judges with a range of work experiences -- from academia to politics to private law practice, judges with diverse life experiences infuse the judicial system with fresh perspectives on decision making and problem solving. In my mind, maintaining the integrity of the judicial system requires that we attempt to create a judiciary that is representative of the depth and complexity of the American people.

I urge the Chairman to move forthrightly and quickly to hold frequent hearings and move nominations through this Committee. And I want to commend the ranking minority member for his continued efforts to press this issue with the Chairman.