March 10, 2000

The United States Senate's confirmation late yesterday of Judge Richard Paez and Marsha Berzon, two exceptional candidates for the Ninth Circuit Court of Appeals, marked a victory for a strong and independent judiciary. These votes promote the constitutional tradition that the nomination of judges not be political, but focus on securing the most qualified candidates for the federal judiciary. By electing to look beyond politics and focus on the nominee's qualifications and ability to sit and fairly rule, the Senate took one step closer to ensuring that we have a diverse, balanced and independent third branch of government to protect our individual and civil rights. The Lawyers' Committee is extremely gratified that these two candidates were able to overcome the partisan politics that has plagued judicial nominees in recent times and secure a fair and successful vote on the floor of the Senate. This vote marked a victory for justice. Marsha Berzon and Richard Paez had been waiting an unprecedented amount of time for confirmation, two and four years respectively, and they faced unwarranted attacks by their opponents largely because of their commitment to public service and past work to help poor and underrepresented communities.

The confirmation of these nominees (and others like them) is essential to the efficient operation of the federal judiciary and the Ninth Circuit. In particular, it enables the court to address its ever increasing caseload, especially at a time when up to one-third of its positions have been vacant. These vacancies have created an unprecedented emergency requiring sitting circuit court judges to expand their caseload to prevent the Court from falling behind in its ability to provide relief and justice for civil litigants. Continuing these vacancies, especially where two eminently qualified nominees existed, compromised the health and viability of this critical branch of government.

Although we are extremely pleased that these two nominees were confirmed, far too many women and minority nominees continue to be denied consideration by the Senate, many of them are still awaiting review by the Judiciary Committee. These candidates continue to face unjustifiable delays which are politically motivated and are perpetrated by a few very conservative Senators. Currently, there are 74 vacancies on our federal courts and 35 nominees await action by the Senate, including 7 African Americans. Of the African American candidates awaiting confirmation, there are 3 who have been nominated to the Courts of Appeals and include one who would finally desegregate the Fourth Circuit Court of Appeals. While Judge Paez and Mrs. Berzon were the most extreme examples of women and minority candidates kept in limbo for an unprecedented amount of time, they are not alone and we must intensify our efforts to make sure that all qualified candidates, especially minorities and women are given a timely and fair opportunity for a vote on the floor of the Senate. It is only by bringing the diversity of our nation to our federal courts that the United States can promote equality and fairness for all its citizens. Sadly, that diversity is currently lacking in our federal judiciary, a fact that makes the delays in confirmation of women and minorities all the more untenable.

These confirmations should set the course for the Senate on all remaining judicial nominations. Now that the controversy has passed, the Senate, under bipartisan leadership, should quickly and expeditious vote on the remaining nominees. The Lawyers' Committee will continue to urge members of the Senate to vote in a non-partisan manner on future nominees, because a fair judicial confirmation process is essential to the independence of the judiciary and the health of our democracy.

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