>NOMINATION OF WILLIAM MYERS TO 9TH CIRCUIT COURT OF APPEALS

(Senate - March 28, 2006)

   Mr. CRAPO. Mr. President, I rise today to note that it has now been more than one full year that the nomination of William Myers to the 9th Circuit Court of Appeals has been pending on the Senate Calendar. On March 17, 2005, the Judiciary Committee approved the Myers nomination by a vote of 10-8. Unfortunately, this was not the first time Mr. Myers has been approved by the Judiciary Committee. We are also approaching the two-year anniversary when Bill Myers was approved by the Judiciary Committee in the 108th Congress on April 1, 2004.

   Last year, with the so-called ``Gang of 14'' agreement, many pending nominees finally received their long-overdue up or down votes on the Senate floor. Unfortunately, Bill Myers was not one of those nominees, despite the fact that he has the support of a bipartisan majority of this Senate. On July 20, 2004, Bill Myers received 53 votes to end the filibuster on his nomination. The time has come to give Bill Myers his long-overdue up or down vote on the Senate floor. His nomination has been pending on the Senate calendar for a full year now and I urge the Senate leadership to bring this nomination up for a vote.

   Bill Myers is a highly respected attorney who was approved unanimously by this Senate in 2001 to serve as Solicitor of the Department of Interior. Former Democratic Governor of Idaho Cecil Andrus, who also served as Interior Secretary in the Carter administration, says that Bill Myers possesses ``the necessary personal integrity, judicial temperament and legal experience'' as well as ``the ability to act fairly on matters of law that will come before him on the court.'' As a nominee to fill an Idaho seat on the 9th Circuit, Bill Myers has the full support of the entire Idaho congressional delegation.

   Bill Myers is a qualified nominee and there is no justification for continuing to filibuster or delay his nomination. My fellow Idahoans and all residents in the 9th Circuit deserve to have their appeals heard in a timely manner. To do this, we must fill all vacancies on the court in a timely manner. I join with my colleague from Idaho, Senator CRAIG, in urging this Senate to hold an up or down vote on the nomination of William Myers to the 9th Circuit Court of Appeals.