Thank you for contacting me regarding judicial nominations in the newly-elected session of Congress. It is an honor to serve in the United States Senate.

The Constitution's "advice and consent" clause clearly gives the Senate the prerogative to accept or reject any of the President's judicial nominations. Unfortunately, a minority of Senators have been using Senate rules to stop the confirmation of many of these nominees and thwart the will of the majority. Their unwise and dangerous efforts are unprecedented and must not be allowed to succeed. That is why I have taken several steps to address this attack on our Constitution and judicial system. On June 5, 2003, I proposed a narrow change to Senate rules that would prohibit long term filibustering of judicial nominees. On November 12 - 14, 2003, I held the Senate in session for almost forty straight hours — the longest continuous debate in over 10 years — to force the minority to defend their actions.

I believe that the American voters sent a very clear and stunning message in the November 2, 2004, elections. That is why, as I begin work as Majority Leader in the 109th Congress, I will continue to work to ensure that President Bush's judicial nominees receive fair treatment. I am sure the President will continue to nominate judges who believe in protecting the rule of law, and I am confident that the Senate will be able to confirm these judges in the 109th Congress. Activist judges who make law instead of interpreting law undermine the rule of law. It is imperative that the Judiciary Committee approve the President’s judicial nominees and send them to the Senate floor for an up-or-down vote.

Rest assured, I will continue to fight for fair treatment of the President's judicial nominations. Anything less is unfair to the nominees, the President, the integrity of the judicial system and the American people.

Sincerely,
William H. Frist, M.D.
Majority Leader
United States Senate