Representing North Carolina’s Ninth District                                                                        

Miguel Estrada Deserves a Vote by the Full Senate

By: Rep. Sue Myrick

I have watched in astonishment over the last few weeks as the United States Senate has debated the nomination of Miguel Estrada to the U.S. Court of Appeals.  Ordinarily, debate in a legislative body is followed by a vote.  Regretfully, this is not the case for Mr. Estrada.  Democrats in the Senate are refusing to allow a final vote on Miguel Estrada’s nomination by practicing a seldom-used tactic known as a “filibuster” --a means of limitless debate by a minority group of Senators to keep the majority group of Senators from calling for a vote.

In my opinion, Mr. Estrada embodies the American Dream.  Born and raised in Honduras, he came to the United States barely able to speak English.  A few years later, Miguel graduated with honors from Harvard Law School.  Since graduating law school, he has gone on to serve as Assistant U.S. Attorney to the Southern District of New York, argued 15 cases before the United States Supreme Court, become partner in one of Washington D.C.’s most prestigious law firms and earned the highest possible rating from the American Bar Association.  Yet rather than allow Mr. Estrada’s qualifications to be voted on up or down by the full Senate, Democrats are refusing to allow a vote to take place.

The reason for the Senate Democrats’ refusal to allow an up or down vote, they say, is because Mr. Estrada has not answered a sufficient amount of questions about his legal philosophies.  In response to this criticism, Estrada asked concerned Senators to submit written questions for him to respond to.  He also asked to personally meet with Democrat Senators.  So far, very few questions have been submitted and very few Senators have taken him up on his offer to personally meet.  Instead, they continue to deny a capable and able lawyer a fair vote.  In my opinion, this is an egregious abuse of constitutional power and a perversion of Senate procedure.

I wrote a letter to the leadership of the Senate Democrats asking for a fair vote on Miguel Estrada.  I would also ask North Carolina’s own Senator Edwards, who sits on the Judiciary Committee, to support a full vote on Mr. Estrada.  If Senator Edwards opposes Mr. Estrada, he can vote against his confirmation, just as Senators who support him can vote for his confirmation.  At the very least though, allow for a vote.  To do otherwise is to deny the federal judiciary of a bright legal mind and the District of Columbia U.S. Circuit Court of having its first Hispanic judge in history.

###