I am delighted to see us making progress with respect a few of the scores of judicial nominees backlogged here in the Committee. All five nominees from the hearing last week should be reported favorably today. I trust that none of those outstanding nominees will be subjected to a hold.

I am also pleased to see the Committee’s agenda includes the nominations of Justice Ronnie L. White and Judge Richard Paez. Both were reported favorably last year and are renominations. I trust that they can be reported again today without additional obstruction or delay.

The Nomination of Justice Ronnie L. White

I spoke to the Senate about this long-pending nominations on June 29, when I marked the second anniversary of his initial nomination. I noted that the vacancy for which this outstanding jurist has been nominated has become a judicial emergency vacancy on the U. S. District Court in the Eastern District of Missouri while his nomination has been pending.

Justice White is currently a member of the Missouri Supreme Court and the first African-American member of that court. He was initially nominated by President Clinton in June of 1997. His nomination was then reported favorably on a 13 to 3 vote by the Senate Judiciary Committee on May 21, 1998. Senators Hatch, Thurmond, Grassley, Specter, Kyl, and DeWine were the Republican members of the Committee who voted for him along with the Democratic members.

The President renominated him again this year and I have been calling upon this Committee to act on this qualified nominee. Justice White served in the Missouri legislature, the office of the city counselor for the City of St. Louis, and he was a judge in the Missouri Court of Appeals for the Eastern District of Missouri before his service on the Missouri Supreme Court.

Having been voted out of Committee by a 4-1 margin, having waited for two years for action by the Senate, this distinguished African American deserves an up or down vote by the Senate. Senators can stand up and say they will vote for or against him, but let him have his vote.

The Nomination of Judge Richard Paez

The longest-pending judicial nomination is that of Judge Richard A. Paez. The vacancy for which Judge Paez was nominated became a judicial emergency during the time his nomination has been pending without action by the Senate. His nomination was first received by the Senate back in January 1996, over three and one-half years ago. He was finally accorded a confirmation hearing after 25 months, in February 1998 and was reported favorably by the Committee on March 19, 1998. The delays did not stop there, however. This nomination was held on the Senate Executive Calendar without action for over seven months, for the remainder of the last Congress.

There were even rumors that some on the Republican side were prepared to filibuster the nomination. I cannot recall a judicial nomination being filibustered, ever. I do recall last year when the Republican Chairman of the Judiciary Committee and I noted how improper it would be to filibuster a judicial nomination. During the long-delayed debate on the confirmation of Margaret Morrow, Senator Hatch said: “I think it is a travesty if we ever start getting into a game of filibustering judges.”

Judge Paez was renominated by the President again this year and his nomination has been pending without action before this Committee all year. He has the strong support of both California Senators and a “well-qualified” rating from the American Bar Association. He has served as a municipal judge for 13 years and as a federal judge for four years.

As I review his background, I fear that it was his service in legal aid that has accounted for this delay. In my view Judge Paez should be commended for the years he worked to provide legal services and access to our justice system for those without the financial resources otherwise to retain counsel. His work with the Legal Aid Foundation of Los Angeles, the Western Center on Law and Poverty and California Rural Legal Assistance for nine years should be a source of praise.

Judge Paez has had the strong support of California judges familiar with his work, such as Justice H. Walter Crosky, and support from an impressive array of law enforcement officials, including Gil Garcetti, the Los Angeles District Attorney; Sherman Block, the Los Angeles County Sheriff; the Los Angeles County Police Chiefs’ Association; and the Association for Los Angeles Deputy Sheriffs.

The Hispanic National Bar Association, the Mexican American Legal Defense and Educational Fund, the League of United Latin American Citizens, the National Association of Latino Elected and Appointed Officials, and many, many others have been seeking a vote on this nomination for many, many months. I am glad that their efforts on Judge Paez’s behalf are finally beginning to pay dividends and that he is finally moving forward. I trust that no one will delay this nomination past today.

I want to commend the Chairman of the Judiciary Committee for his steadfast support of this nominee and Senator Boxer and Senator Feinstein of California for their efforts on his behalf. I look forward to Senate action confirming Judge Paez to the Ninth Circuit.

The Nomination of Bill Lann Lee

Finally, I want to acknowledge the activities yesterday in communities all around the country and here at the United States Capitol, as Asian Pacific Americans led all Americans in a demonstration of our commitment to one America, equal opportunity and equal justice under law by urging the Senate to vote on the nomination of Bill Lann Lee to head the Civil Rights Division at the Department of Justice.

Yesterday was the second anniversary of the initial nomination of Bill Lann Lee to the office of Assistant Attorney General for Civil Rights. I repeat today what I have said before: It is past time to do the right thing, the honorable thing, and report this qualified nominee to the Senate so that the Senate may fulfill its constitutional duty under the advice and consent clause and vote on this nomination without further delay. The President of the United States issued a challenge to the lawyers of our country to rededicate themselves to help build one America and realize the American dream of equality for all under the law. What kind of message is the Senate sending when it refuses to act on the nomination of this outstanding Asian Pacific American?

After Bill Lann Lee graduated from Yale and then Columbia Law School he could have spent his career in the comfort and affluence of any one of the nation’s top law firms. He chose, instead, to spend his career on the front lines, helping to open the doors of opportunity to those who struggle in our society. His is an American story. The son of immigrants whose success can be celebrated by all Americans.

It appears that some on the Republican side want to hold the Lee nomination as a partisan trophy-- to kill it through obstruction and delay rather than allowing the Senate to vote up or down on the nomination. This effort started with a letter from the former Speaker of the House, Newt Gingrich, to the Republican Majority Leader of the Senate in 1997. Over the ensuing weekend progress toward confirmation of this nomination ground to a halt. Speaker Gingrich is gone but the disastrous consequence of his unjustified opposition to this nomination lingers. It is passed time to put past injustice to rest. It is time for the Senate to vote on the nomination of Bill Lann Lee.

Let the Senate vote on the confirmation of this good man. We need Bill Lann Lee’s proven problem-solving abilities in these difficult times with apparent hate crimes on the rise across the country. He is spearheading efforts against hate crimes, against modern slavery and for equal justice for all Americans.

I ask the Judiciary Committee again today, in the spirit of fairness, that the Committee recognize the 18-month stewardship of the Civil Rights Division of Bill Lann Lee, his qualifications, and his quiet dignity and strength and send his nomination to the full Senate so that the United States Senate may, at long last, vote on that nomination and, I hope, confirm this fine American to full rank as the Assistant Attorney General for Civil Rights.

When confirmed Bill Lann Lee will be the first Asian Pacific American to be appointed to head the Civil Rights Division in its storied history and the highest ranking Federal Executive officer of Asian Pacific American heritage in our 200-year history.

Civil Rights is about human dignity and opportunity. Bill Lann Lee ought to have an up or down confirmation vote on the Senate floor. The Senate should fulfill its constitutional duty under the advice and consent clause and vote on this nomination. He should no longer be forced to ride in the back on the nominations bus but be given the fair vote that he deserves.

I call on the Judiciary Committee and the Senate to bring this nomination to the floor for an up or down vote without obstruction or further delay so that the Senate may vote and we may confirm a dedicated public servant to lead the Civil Rights Division into the next century. Let the Senate move forward from the ceremonial commemorations earlier this year by doing what is right and voting on the nomination of Bill Lann Lee.

I understand that the Chairman had a private meeting with representative of some of the groups involved in the events yesterday calling for a Senate vote on Bill Lann Lee. The Chairman has previously told this Committee that he was reviewing the actions of the Civil Rights Division over the last several months and that he had hoped to have concluded his review by Memorial Day. I hope the Committee will not serve to block this nomination any longer but will afford the Senate a fair opportunity to vote to confirm Bill Lann Lee without further delay or obstruction.