Mr. President, I rise in support of the nomination to the United States Court of Appeals for the Third Circuit of a distinguished jurist from New Jersey, Judge Joseph A. Greenaway, Jr., which seems to be blocked by some people in this Chamber yet unknown. I know it is not from my side of the aisle because I have checked. So it is on the Republican side of the aisle.
The heart of the speech is:
Our friends on the other side came to the floor in the last administration, the administration of President Bush, on countless occasions to argue for an up-or-down vote. I heard that many times: ``Give us an up-or-down vote,'' demanding that a simple majority of the President's nominees is all that is needed--a simple majority of this Chamber. That is a position diametrically opposed to their position today. In fact, they went so far at that time to proclaim that filibusters of the President's nominations were unconstitutional, and they threatened what became known then as the nuclear option--to undo the right of Senators to filibuster a nominee. Well, which is it? What do my friends on the other side believe is right or is the question: What do they believe will work? Where is the call for an up-or-down vote now from our Republican colleagues? Where is the argument on the unconstitutionality of filibusters now? You can't have it both ways.
We can agree to disagree on some nominees on principle, and we have over the years. But the numbers this year belie any notion that the obstruction of Judge Greenaway and all the pending nominees is purely a matter of principle. In this past year, our Republican colleagues have obstructed virtually all the President's nominees, confirming only 12 Federal circuit and district court nominees, the lowest number in a half century. Let me repeat that: the lowest number in a half century. Contrast that to the 100 judicial nominees confirmed in the 17 months Chairman Leahy chaired the Judiciary Committee during the Bush administration.
The important question, really, is what will Senator Menendez and his colleagues do about it? Greenaway does not even face a real filibuster, he faces "holds" that mean Republicans can threaten to waste huge amounts of the Senate's time on a routine nomination. It's clear that the Senate's rules no longer function and unconstitutional super-majorities are being required for nearly everything and everyone. Vice President Biden with a mere majority of Senators could change this situation once and for all, and while charges of hypocrisy will fly, in the long run both parties will be better off. If a judge or a bill are bad, just get a majority to vote no. Menendez should use the "nuclear option" and end the filibuster. Or at least work weekends and evenings if Republicans insist on unnecessarily adding days of debate.
By the way, the "senatorial courtesy" we have in New Jersey is just as bad, if not worse, since it is sometimes used for outright corruption in additional to selfish political delay.
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