Senate Joint Resolution No. 8–Senators Titus, Wiener, Neal, Carlton, Care, Coffin, Mathews and Schneider

 

March 21, 2003

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Referred to Committee on Legislative Affairs and Operations

 

SUMMARY—Urges United States Senate to vote on nomination of Miguel A. Estrada to United States Court of Appeals for District of Columbia Circuit only after securing certain information. (BDR R‑1318)

 

FISCAL NOTE:  Effect on Local Government: No.

                   Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

Senate Joint RESOLUTION—Urging the United States Senate to vote on the nomination of Miguel A. Estrada to the United States Court of Appeals for the District of Columbia Circuit only after securing certain information.

 

1-1  Whereas, Section 2 of Article 2 of the Constitution of the

1-2  United States provides that the United States Senate shall provide

1-3  “Advice and Consent” on a President’s nomination for a federal

1-4  lifetime judicial appointment; and

1-5  Whereas, The founders of this nation gave the United States

1-6  Senate a strong role in such nominations to ensure that it would

1-7  provide an “excellent check” on the power of the President to shape

1-8  the federal judiciary; and

1-9  Whereas, The United States Senate discharges this duty by

1-10  examining the nominee in a public hearing and obtaining written

1-11  work products from the nominee to determine his suitability for a

1-12  lifetime judgeship; and

1-13      Whereas, Miguel A. Estrada has been nominated for a lifetime

1-14  judicial appointment to the United States Court of Appeals for the

1-15  District of Columbia Circuit, considered to be the second highest

1-16  court in our country; and

2-1  Whereas, The United States Court of Appeals for the District

2-2  of Columbia Circuit defines the scope of civil rights, women’s

2-3  rights, environmental protections and workers’ rights; and

2-4  Whereas, The United States Court of Appeals for the District

2-5  of Columbia Circuit will decide the challenges by the State of

2-6  Nevada to the current presidential administration’s illegal selection

2-7  of Yucca Mountain for the nation’s nuclear waste disposal site; and

2-8  Whereas, Mr. Estrada refused to answer routine questions

2-9  asked by Democrats from the United States Senate and refused to

2-10  provide memoranda he authored while serving in the United States

2-11  Office of the Solicitor General; and

2-12      Whereas, Similar questions have been answered by previous

2-13  nominees to lifetime judgeships and memoranda from the Office of

2-14  the Solicitor General has been provided by past administrations,

2-15  both Republican and Democratic; and

2-16      Whereas, Democrats from the United States Senate confirmed

2-17  100 percent of the judicial nominees of President Bush while the

2-18  Democrats held control of the Senate; and

2-19      Whereas, In recent years, Democrats from the United States

2-20  Senate and a Democratic President confirmed 8 of the 10 Hispanic

2-21  judges now serving on our federal circuit courts of appeals; and

2-22      Whereas, Republicans from the United States Senate

2-23  successfully blocked consideration of a Democratic President’s

2-24  Hispanic nominees and have traditionally opposed policies that give

2-25  encouragement to those who have historically suffered

2-26  discrimination; and

2-27      Whereas, Mr. Estrada’s nomination is opposed by the

2-28  Congressional Hispanic Caucus, the Puerto Rican Legal Defense

2-29  and Education Fund, the National Association of Latino Elected and

2-30  Appointed Officials Educational Fund, the National Council of La

2-31  Raza and the National Puerto Rican Coalition, Inc.; now, therefore,

2-32  be it

2-33      Resolved by the Senate and Assembly of the State of

2-34  Nevada, Jointly, That the Legislature of the State of Nevada

2-35  respectfully requests the  United States Senate to discharge its

2-36  constitutional duty to provide “Advice and Consent” on Miguel A.

2-37  Estrada’s nomination by securing forthright responses to questions

2-38  asked of the nominee, and by securing legal memoranda written by

2-39  the nominee while in the United States Office of the Solicitor

2-40  General, before rewarding Miguel A. Estrada with a lifetime judicial

2-41  appointment to the second highest court in this country; and be it

2-42  further

2-43      Resolved, That the Secretary of the Senate prepare and

2-44  transmit a copy of this resolution to Nevada’s Senators Harry Reid

2-45  and John Ensign; and be it further

3-1  Resolved, That this resolution becomes effective upon

3-2  passage.

 

3-3  H