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Congressional Record—Senate S8352

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Congressional Record—Senate S8352 S8352 CONGRESSIONAL RECORD — SENATE December 6, 2011 EXECUTIVE SESSION every single Democrat and every single impossible for the future. Caitlin Republican to the DC Circuit in 2003. I Halligan is a well-qualified nominee certainly did not agree with every posi- with a mainstream record as a brilliant NOMINATION OF CAITLIN JOAN tion he had taken or argument he had advocate on behalf of the State of New HALLIGAN TO BE UNITED made as a high-level lawyer in several York and in private practice. She STATES CIRCUIT JUDGE FOR Republican administrations, but I sup- served for nearly six years as Solicitor THE DISTRICT OF COLUMBIA ported his nomination to the DC Cir- General of New York and has been a CIRCUIT cuit, as I did to the Supreme Court, be- leading appellate lawyer in private The ACTING PRESIDENT pro tem- cause of his legal excellence and abil- practice, currently serves as General pore. Under the previous order, the ity. Counsel at the New York County Dis- Senate will proceed to executive ses- It is frustrating to have Senators tell trict Attorney’s Office, and has served sion to consider the following nomina- me privately they know Ms. Halligan is as counsel of record in nearly 50 mat- tion, which the clerk will report. just as qualified as John Roberts was, ters before the U.S. Supreme Court, ar- The assistant legislative clerk read but this lobby and that lobby are guing five cases before that court and the nomination of Caitlin Joan against her. Lobbyists come and go. many cases before Federal and state Halligan, of New York, to be United The court is supposed to be the epit- appellate courts. She clerked for Su- States Circuit Judge for the District of ome of justice in this country. preme Court Justice Stephen Breyer Columbia Circuit. I trusted John Roberts’ testimony and for Judge Patricia Wald on the DC The ACTING PRESIDENT pro tem- that he would fairly apply the law if Circuit, the court to which she has pore. Under the previous order, there confirmed. If the standard we used for been nominated. No Senator has or can will be time for debate until noon, him is applied to Ms. Halligan, there is question her qualifications. I have re- equally divided in the usual form. no question this filibuster will end and viewed her record carefully in the Mr. LEAHY. Madam President, some Caitlin Halligan will be confirmed. course of the Judiciary Committee’s of the people I have heard who oppose By any traditional standard, Caitlin thorough process, including her re- Ms. Halligan were also some of the Halligan is the kind of superbly quali- sponse to our extensive questionnaire same people who successfully opposed fied nominee who should easily be con- and her answers to questions at her an effort in the Congress to actually firmed by the Senate. Yet, the Senate hearing and in writing following the protect police officers a few years ago. Republican leadership’s filibuster of hearing. In my view, there is no legiti- So I want to put the opposition in con- this nomination threatens to set a new mate reason or justification for filibus- text. It is probably why so many law standard that could not be met by any- tering her nomination. enforcement groups support Ms. one. It would not have been met by Yesterday, I put into the RECORD Halligan, because she stood up for law John Roberts. If this is the new stand- some of the many letters of support we enforcement, unlike some of the groups ard, it is wrong, it is unjustified and it have received from across the political we have heard about who oppose her, is dangerous. Overcoming it will take a spectrum for Ms. Halligan’s nomina- who sought to make the life of police handful of sensible Senate Republicans tion. These letters are a testament to officers more dangerous. willing to buck their leadership and both her exceptional qualifications to Be that as it may, the Senate stands some single-issue lobbyists. They have serve and to the fact that this should at a crossroads today. Voting to end done it before and they should again be a consensus nomination, not a the partisan filibuster of this judicial now. Those who care about the judici- source of controversy and contention. nomination is as important as it was ary—and as important, those who care They attest to the fact she is not a when the Senate did so in connection about the Senate—need to come for- closed-minded idealogue, but is the with the nomination of Judge McCon- ward and end this filibuster. kind of nominee who has demonstrated nell to the United States District From the beginning of the Obama ad- not only legal talent but also a dedica- Court of Rhode Island earlier this year. ministration, we have seen too many tion to the rule of law throughout her If we allow the partisan filibuster to go Senate Republicans shift significantly career. We should encourage nominees forward, then the Senate will be set- away from the standards they used to with the qualities of Ms. Halligan to ting a new standard that no nominee apply to the judicial nominations of a engage in public service. We should can meet if they wish to be confirmed Republican President. During the ad- welcome people like her to serve on the to the DC Circuit. ministration of the last President, a Federal bench, not denigrate them. Republican Senators who just a few Republican, they insisted that filibus- Concocted controversies and a blatant years ago argued that filibusters ters of judicial nominees were uncon- misreading of Ms. Halligan’s record as against judicial nominees were uncon- stitutional. They threatened the ‘‘nu- an advocate are no reason to obstruct stitutional and said that they would clear option’’ in 2005 to guarantee up- this outstanding nomination. never support such a filibuster, and or-down votes for each of President those who care about the judiciary in Bush’s judicial nominations. I also demonstrated yesterday that the Senate, need to step forward and do Many Republican Senators declared any so-called ‘‘caseload’’ concern is no the right thing. You cannot say that that they would never support the fili- justification for filibustering this nom- filibusters against judicial nominees buster of a judicial nomination. Yet, ination. This was not a concern we are unconstitutional when you have a only a few years later, Senate Repub- heard from Republicans when they Republican President but suddenly sup- licans reversed course and filibustered voted to confirm President Bush’s port a filibuster when you have a President Obama’s very first judicial nominees to fill not only the 9th seat, Democratic President. This goes even nomination, that of Judge David Ham- but also the 10th seat and the 11th seat beyond the standards that have driven ilton of Indiana. They tried to prevent on this court a couple of years ago. the approval rating of Congress to an an up or down vote on his nomination They should not now use caseload as an all-time low for hypocrisy. We ought to even though he was nominated by excuse to filibuster President Obama’s end the filibuster now and proceed to President Obama after consultation nomination to fill the ninth seat when vote on this extraordinarily well-quali- with the most senior and longest-serv- the DC Circuit’s caseload has in- fied nominee. ing Republican in the Senate, Senator creased. There are only two differences Ms. Halligan, nominated to fill one of DICK LUGAR of Indiana, who strongly today than when President Bush’s three vacant seats on the important supported the nomination. The Senate nominees to the DC Circuit were con- DC Circuit, is a highly regarded appel- rejected that unjustified filibuster and firmed in 2005 and 2006: One, the case- late advocate. She has the kind of im- Judge Hamilton was confirmed with load per active judge has increased, not peccable credentials in both public Senator LUGAR’s support. decreased; and we have a Democratic service and private practice that have With their latest filibuster, the Sen- President, not a Republican President. been looked for in the past by both ate Republican leadership seeks to set The DC Circuit is often considered Democratic and Republican Presidents. yet another new standard, one that the second most important court in the Her nomination reminds me of John threatens to make confirmation of any land because of the complex cases that Roberts, when he was confirmed by nominee to the DC Circuit virtually it handles, cases that have grown in VerDate Mar 15 2010 00:09 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.021 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8353 importance since the attacks of Sep- by the standard utilized in 2005 to end Security was unconstitutional, a posi- tember 11. As noted in a recent Wash- filibusters and vote on President tion clearly at odds with well estab- ington Post editorial: ‘‘[Caseload num- Bush’s controversial nominees, this fil- lished law. She went so far as to say bers do] not take into account the com- ibuster should be ended and the Senate ‘‘today’s senior citizens blithely can- plexity and scope of the cases that land should vote on the nomination. Those nibalize their grandchildren.’’ at the court. They include direct ap- Senators who claim to subscribe to a Despite her ideological extremism peals involving federal regulatory deci- standard that prohibits filibusters of and willingness to implement her rad- sions and national security matters, judicial nominees except in ‘‘extraor- ical personal views as a judge without including cases stemming from the de- dinary circumstances’’ should keep regard to the existing law, she was con- tentions at the U.S.
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