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March 6, 2003

Mr. Milton E. Jenkins
612 Court Street #1
Sioux City, Iowa 51101

Dear Mr. Jenkins:

Thank you for taking the time to contact me. As your Senator, it's important for me to hear from you. Please accept my apology for the delay in my response.

I appreciate hearing your opposition to the confirmation of Miguel Estrada to the District of Columbia Court of Appeals. The nomination of Mr. Estrada was approved in the Senate Judiciary Committee on February 9th by a 10-9 vote, and awaits consideration by the full Senate. You should know that I voted in favor of this confirmation, and I would like to take this opportunity to explain why.

Mr. Estrada immigrated to this country at the age of 17 from Honduras. He spoke very little English, yet was still able to graduate with honors from Columbia College graduating magna cum laude. Upon graduation from Columbia, he entered Harvard Law School, again, graduating magna cum laude. While attending Harvard Law School, Mr. Estrada was the editor of the prestigious Harvard Law Review.

The record of Mr. Estrada as a lawyer in incredible. He served as a law clerk for the United States Supreme Court Justice Anthony Kennedy. He has also argued 15 cases in front of the Supreme Court. Mr. Estrada even earned a unanimous "well-qualified" rating from the American Bar Association, their highest rating possible. For a very young lawyer, I think Mr. Estrada is truly an American success story. There is little doubt in my mind that he will make a fine judge in the D.C. Court of Appeals.

While a number of groups have criticized Mr. Estrada's record, none of these allegations were substantiated. In fact, he received several letters countering these allegations, including one from the seven living former solicitors general, four of whom are Democrats.

Unfortunately, I believe that some of Mr. Estrada's critics have a political agenda. These critics want the Senate Judiciary Committee to apply their organizations' agendas as a litmus test determining whether we should vote to confirm or reject a nominee. I do not believe that we should do that; it is the wrong way to fill the federal bench. Since becoming a member of the Judiciary Committee, I have consistently applied the same criteria in my decision to vote for a nominee, regardless of whether the individual has been nominated by a Democrat or a Republican.

I believe that a judicial nominee must have the requisite intellect, knowledge, integrity, and judicial temperament to serve on the federal bench. But, these individuals should not just be highly qualified, experienced legal minds. Most importantly, a nominee under consideration must show that he or she will follow the law, that is, the intent of the Constitution and the statutes ratified and enacted by the people-regardless of what their personal beliefs might be. I took all of these qualifications into consideration when deciding to vote in favor of Mr. Estrada, and I'll continue to do that as long as I sit on the Judiciary Committee.

Thank you again for contacting me. Should you ever have any additional concerns, please do not hesitate to let me know.

Sincerely,

Charles E. Grassley
United States Senator