10408 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 8 June 8, 2006 Mr. ALEXANDER. Mr. President, Mr. DURBIN. I announce that the EXECUTIVE SESSION there is a fundamental shortcoming to Senator from West Virginia (Mr. this bill that can’t be corrected by ROCKEFELLER) and the Senator from small amendments. There is no ques- NOMINATION OF NOEL LAWRENCE New York (Mr. SCHUMER) are nec- HILLMAN TO BE UNITED STATES tion that this legislation would—and I essarily absent. believe for the first time in our his- DISTRICT JUDGE FOR THE DIS- tory—create a new, separate, inde- The PRESIDING OFFICER. Are there TRICT OF NEW JERSEY pendent race-based government within any other Senators in the Chamber de- the borders of the United States of siring to vote? NOMINATION OF PETER G. SHERI- America. The only argument that The yeas and nays resulted—56 yeas, DAN TO BE UNITED STATES DIS- could possibly justify such an offense 41 nays, as follows: TRICT JUDGE FOR THE DISTRICT to our constitutional tradition and our OF NEW JERSEY original motto, which says that when [Rollcall Vote No. 165 Leg.] we became Americans we are proud of YEAS—56 where we came from but we are NOMINATION OF THOMAS L. Akaka Feingold Menendez prouder of being Americans, is that Na- Baucus Feinstein Mikulski LUDINGTON TO BE UNITED tive Hawaiians are just another Indian Bayh Grassley Murkowski STATES DISTRICT JUDGE FOR tribe. But the government of Hawaii Biden Hagel Murray THE EASTERN DISTRICT OF itself, in a brief in the Supreme Court Bingaman Harkin Nelson (FL) MICHIGAN Boxer Inouye Nelson (NE) in 1998, said: ‘‘The tribal concept sim- Byrd Jeffords Obama ply has no place in the context of Ha- Cantwell Johnson Pryor waiian history.’’ Carper Kennedy Reed NOMINATION OF SEAN F. COX TO The Department of Justice, in a let- Clinton Kerry Reid BE UNITED STATES DISTRICT ter yesterday to the majority leader, Cochran Kohl Salazar JUDGE FOR THE EASTERN DIS- Coleman Kyl Sarbanes TRICT OF MICHIGAN with a copy to the minority leader, Collins Landrieu Smith said: ‘‘Tribal recognition is inappro- Conrad Lautenberg Snowe The PRESIDING OFFICER. Under priate for native Hawaiians and would Dayton Leahy Specter the previous order, the Senate will pro- still raise difficult constitutional Dodd Levin Stabenow ceed to executive session to consider en issues.’’ Domenici Lieberman Stevens bloc the following nominations, which Dorgan Lincoln Wyden the clerk will report. I have outlined in my remarks how Durbin McCain Native Hawaiians do not constitute The legislative clerk read the nomi- just another tribe. There may be NAYS—41 nations of Noel Lawrence Hillman, of New Jersey, to be United States Dis- wrongs to address, but this is the Alexander Crapo Martinez wrong way to right a wrong. Allard DeMint McConnell trict Judge for the District of New Jer- I urge my colleagues to vote ‘‘no.’’ Allen DeWine Roberts sey; Peter G. Sheridan, of New Jersey, Bennett Dole Santorum CLOTURE MOTION to be United States District Judge for Bond Ensign Sessions the District of New Jersey; Thomas L. The PRESIDING OFFICER. All time Brownback Enzi Shelby Ludington, of Michigan, to be United has expired. Bunning Frist Sununu States District Judge for the Eastern Under the previous order, the clerk Burns Gregg Talent District of Michigan; Sean F. Cox, of will report the motion to invoke clo- Burr Hatch Thomas Chafee Hutchison Thune Michigan, to be United States District ture on the motion to proceed to Cal- Chambliss Inhofe Vitter Judge for the Eastern District of endar No. 101, S. 147, Native Hawaiians Coburn Isakson Voinovich Michigan. Governing Entity. Cornyn Lott Warner Craig Lugar The PRESIDING OFFICER. Debate The legislative clerk read as follows: on these nominations shall be allocated CLOTURE MOTION NOT VOTING—3 as follows: Mr. LAUTENBERG, 10 min- We, the undersigned Senators, in accord- Graham Rockefeller Schumer utes; Mr. MENENDEZ, 10 minutes; Ms. ance with the provisions of rule XXII of the STABENOW, 10 minutes; Mr. SPECTER, 10 Standing Rules of the Senate, hereby move Mr. PRESIDING OFFICER (Mr. VIT- minutes; and Mr. LEAHY, 10 minutes. to bring to a close the debate on the motion Who yields time? to proceed to Calendar No. 101, S. 147, native TER). On this vote the yeas are 56, the Hawaiians Governing entity. nays are 41. Three-fifths of the Sen- The Senator from Michigan is recog- Daniel K. Akaka, Daniel K. Inouye, ators duly chosen and sworn not having nized. Mr. LEVIN. Mr. President, I ask Charles Schumer, Jack Reed, Patrick voted in the affirmative, the motion is Leahy, Joe Biden, Barbara Mikulski, unanimous consent to use 1 minute of Evan Bayh, Barbara Boxer, Frank Lau- rejected. the time allocated to Senator LEAHY. tenberg, Harry Reid, Jay Rockefeller, Mr. MCCONNELL. I move to recon- The PRESIDING OFFICER. Without Richard Durbin, Jeff Bingaman, Ed- sider the vote and to lay that motion objection, it is so ordered. ward Kennedy, Herb Kohl, James M. on the table. Mr. LEVIN. Mr. President, I am very Jeffords, Mark Dayton, Jon Kyl, Norm pleased that the Senate will be voting Coleman. The motion to lay on the table was today on two Michigan jurists, Tom The PRESIDING OFFICER. By unan- agreed to. Ludington and Sean Cox, whom the imous consent the mandatory quorum President has nominated to the Fed- call has been waived. eral bench for the Eastern District of The question is, Is it the sense of the Michigan. Both of these jurists re- Senate that debate on the motion to ceived unanimously ‘‘well qualified’’ proceed to Calendar No. 101, S. 147, Na- ratings from the American Bar Asso- tive Hawaiians Governing Entity bill, ciation to serve as Federal district be brought to a close? The yeas and judges. We are fortunate that we have nays are mandatory under rule XXII. jurists such as Judge Ludington and The clerk will call the roll. Judge Cox devoted to public service. I The assistant legislative clerk called believe both will bring character and the roll. judicial temperament and integrity to Mr. MCCONNELL. The following Sen- the Eastern District of Michigan. I con- ator was necessarily absent: the Sen- gratulate these jurists and their fami- ator from South Carolina (Mr. GRA- lies on their nominations. I urge the HAM). Senate to confirm them.

VerDate Sep 11 2014 09:14 Mar 24, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR08JN06.DAT BR08JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 8, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 8 10409 Thomas Ludington is currently chief Susan Wigenton and Renee Bumb. I had the honor of introducing Mr. judge on the Circuit Court for Midland Today I hope this body will resound- Hillman and Mr. Sheridan to the Judi- County in Midland, MI. He received his ingly approve these two additional ciary Committee, and today I am proud J.D. from the University of San Diego nominees for the District of New Jer- to endorse their confirmation. I urge School of Law in 1979 and his B.A. from sey. my colleagues to support them as well. Albion College in 1976, where he grad- Noel Hillman recently served as the I yield the floor. uated cum laude. Chief of the Public Integrity Section at The PRESIDING OFFICER. The Sen- After graduating from law school, the Department of Justice, leading a ator from New Jersey, Mr. MENENDEZ, Judge Ludington worked as an asso- team of 30 attorneys who investigate is recognized. ciate and then as a shareholder-partner and prosecute public corruption cases Mr. MENENDEZ. Mr. President, I at a private law firm. At that firm, nationwide. rise today in support of the nomina- Judge Ludington’s practice covered a Mr. Hillman has a reputation for tak- tions of Peter G. Sheridan and Noel range of commercial issues, including ing on crimes that undermine public Lawrence Hillman to serve as United banking, securities, bankruptcy, the confidence in our political system—no States District Judges for the District uniform commercial code, and employ- matter how political or controversial. of New Jersey. ment law. He served as president of the He steps up to the task and does it The confirmation of a judge to a life- firm for 6 years. well. time appointment is a vital responsi- In 1995, Judge Ludington was elected Before he went to the Justice Depart- bility given to this body by the Con- to a 6-year term on the 42nd Circuit ment, Mr. Hillman served as Deputy stitution, and one that I take very seri- Court of Michigan. In 1999, he was ap- Chief of the Criminal Division of the ously. pointed to the position of chief judge, U.S. Attorney’s Office in New Jersey That is why I am pleased that our in which he as served with distinction. and as Assistant U.S. Attorney for the final two nominees from the package of Judge Ludington is a member of sev- Fraud and Public Protection Division. four from New Jersey have come before eral State and local bar associations His work has not escaped recogni- the Senate today. Each of the four was and belongs to numerous professional tion. He received the Attorney Gen- favorably reported by the Judiciary and community organizations. For ex- eral’s Award for Fraud Prevention in Committee back in April. Their con- ample, since assuming the bench, he 2004, the Executive Office of U.S. Attor- firmation would be a testament to the has helped organize the Midland Alli- neys Director’s Award in 1996 and 1999, cooperation and collaborative effort ance for Justice, a foundation for the and the Department of Justice Supe- between the Senators from New Jersey, local bar association that provides rior Performance Award in 1997. the Senate Judiciary Committee, and legal representation to indigent par- I am also proud to note that Mr. the White House. ties. Hillman was educated in New Jersey, When we work together to select The American Bar Association rated graduating from Monmouth College qualified, independent, and diverse Judge Ludington unanimously ‘‘well and Seton Hall Law School. judges, we can fill these positions expe- qualified’’ to serve as a Federal judge. Mr. President, Peter Sheridan has ditiously and work in a bipartisan Sean Cox earned his B.A. from the also been nominated for the District manner that benefits not only the University of Michigan and his J.D. Court of New Jersey, and his resume State of New Jersey, but also our Na- from the Detroit College of Law in May shows his vast legal experience and tion. 1983. In his 20-year legal career, Judge knowledge. Both nominees before us today are Cox has had experience in both private Like Mr. Hillman, Peter Sheridan is graduates of Seton Hall School of Law practice and on the bench. Judge Cox the product of a New Jersey education. in Newark, NJ, and both possess under- began practicing law in April 1984 as an Mr. Sheridan also graduated from graduate degrees from our shared associate attorney with a private law Seton Hall Law School, as well as re- State. firm and worked for 12 years in the ceiving his undergraduate degree from Mr. Sheridan attended my own alma areas of medical malpractice, products St. Peter’s College. mater, St. Peter’s College, and was liability, and complex litigation. Both of these people know New Jer- honored as Alumnus of the Year in Cox left private practice in March sey well and are part of the culture and 2003, an honor that I’m still hoping to 1996 to serve as judge of the Circuit character of New Jersey. We are de- receive one day. He has been in private Court for the Third Judicial Circuit in lighted that they are going to accede practice with Graham, Curtin, and Wayne County, MI. Judge Cox has also to the bench if approved here, as we ex- Sheridan for the past 11 years and is served in various professional organiza- pect. currently a shareholder and director of tions and has frequently provided free Mr. Sheridan has spent the last dec- the firm. Mr. Sheridan is an experi- legal services through a legal aid clinic ade as a named partner at Graham, enced trial lawyer, appearing on nu- his law firm established at St. Anne’s Curtin & Sheridan in Trenton, NJ. merous occasions before the very court Catholic Church in Detroit. Prior to that he worked in private to which he is now nominated. I am The American Bar Association has practice at other law firms, and has a confident that his years of experience also rated Judge Cox Unanimously strong record of public service. before State and Federal courts will ‘‘well qualified’’ to serve as a Federal He served as director of the Authori- serve him well on the Federal bench. judge. ties Unit for the State of New Jersey, The final nominee in our package is I yield the floor. vice president and general counsel of Noel Lawrence Hillman. Mr. Hillman is The PRESIDING OFFICER. Who the Atlantic City Casino Association, a graduate, cum laude, from Monmouth yields time? and an attorney with the Port Author- University in Long Branch, NJ. In ad- The Senator from New Jersey is rec- ity of New York and New Jersey. dition to his law degree, he also has a ognized. Mr. President, I note that if the Sen- masters in law from New York Univer- Mr. LAUTENBERG. Mr. President, I ate approves these two nominees, then sity. Mr. Hillman served as an Assist- endorse the nominations of the people this year alone we will have confirmed ant U. S. Attorney for nearly a decade under consideration, Noel Hillman and New Jersey nominees for the Supreme before becoming Deputy Chief of the Peter Sheridan, to be Federal judges on Court, the Third Circuit Court of Ap- Criminal Division. the U.S. District Court of New Jersey. peals, and the District Court of New Most recently, he worked as the Both of these candidates are out- Jersey. Chief of the Public Integrity Section at standing attorneys and are well quali- I hope the good working relationship the U.S. Department of Justice, where fied to assume the position on the that allowed this accomplishment will he spearheaded the Government’s case bench. continue for the remaining vacancy on against Jack Abramoff. Mr. Hillman The Senate has recently confirmed the Third Circuit Court of Appeals and has twice received the Director’s two nominees for this court—Judge for future nominations. Award, the highest award given to an

VerDate Sep 11 2014 09:14 Mar 24, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR08JN06.DAT BR08JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 10410 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 8 June 8, 2006 assistant U.S. attorney, and in 2004 re- Today on the Internet, after you large sums to advertising if they didn’t ceived the Attorney General’s Award have paid your access charge to use the think these kinds of advertisements for Fraud Prevention. The American Net, you go where you want, when you would pay off handsomely in profits. Bar Association has rated Mr. Hillman want, how you want, free of discrimi- Groups, such as Hands Off the Inter- as ‘‘well qualified’’ for this position nation because you have paid that one net, a front group for some of the big and I must concur with that assess- original access charge. communications lobbies, have offered ment. Unfortunately, there are huge com- some eye-popping ads. Look at this re- There truly is no higher calling than munications lobbies, consisting par- cent ad, for example, in which they dis- the calling of public service. That is ticularly of some of the major phone play a copy of my legislation, the why I am so pleased to see people of companies and some of the major cable Internet Nondiscrimination Act. The this quality who are willing to serve companies, that want to change the only thing accurate about this ad is our Nation in the administration of way the Internet works. They would the top page of my bill. It has my name justice. like to make consumers and businesses on it. It clearly says the ‘‘Internet I must thank the chairman and rank- in our country pay tomorrow for what Nondiscrimination Act,’’ but just ing member of the Judiciary Com- is free today. about everything else is dead wrong. mittee for moving these nominees Today, when small businesses or con- What they have done is falsely add through the process so fairly and sumers pay their Internet access what looks like hundreds, if not thou- quickly. I hope the U.S. District Court charge, they can go wherever they sands, of pages to my bill. This is how for the District of New Jersey can want, whenever they want, however they demonstrate what my legislation serve as an example of bipartisanship they want, without racking up extra is all about. Here is the reality, Mr. and cooperation in getting mutually charges and without facing discrimina- President. Here is what they say I pro- agreed upon judges confirmed without tion. Unfortunately, these big commu- pose. However, this is just not accu- dispute. I look forward to each of our nications lobbies would like to change rate. Here is what my legislation looks four nominees serving on the Federal that. For example, we see reports in like, what the big communications lob- bench and know that they will make distinguished business publications, bies ought to describe as the real our State proud. such as the Wall Street Journal. They world; a piece of legislation that is 15 Mr. President, I urge my colleagues talk there about communications plans pages long. to support the nominations of Peter that are ‘‘pay to play.’’ If you were The bill I have introduced, this 15- Sheridan and Noel Lawrence Hillman going to go to a variety of Web sites, page bill, doesn’t look like anything to serve on the U.S. District Court for under the approach they are proposing along the lines of what the big commu- the District of New Jersey. in the Wall Street Journal, the Web nications lobbies are spending such With that, I suggest the absence of a sites or the consumer would have to vast sums on saying it looks like. quorum. pay every time they went to one of There is an even more disturbing The PRESIDING OFFICER. The these Web sites, in order to get good misrepresentation in this ad. It says, clerk will call the roll. quality service. stamped up at the top, ‘‘regulation.’’ The assistant legislative clerk pro- I don’t think that is right. I think My legislation isn’t about regulation. ceeded to call the roll. that is discrimination. I think it is dis- All I want is to leave the Internet Mr. WYDEN. Mr. President, I ask criminating against consumers, I think alone. I don’t want it to be subject to unanimous consent that the order for it is discriminating against small busi- discriminatory changes, changes that the quorum call be rescinded. nesses. I think it will do extraordinary would hit the American consumer in The PRESIDING OFFICER. Without damage to the inherent beauty of the the pocket. objection, it is so ordered. Internet, which has been all about a I think any fairminded American Mr. WYDEN. Mr. President, I ask fair shake for every American, for who looks at my record will see that I unanimous consent to speak as in every consumer. have never sought to regulate the morning business and have this time In an effort to spin this discrimina- Internet. On the contrary, when I came counted toward the requirements for tion by the big cable companies and big to the Senate, I was a leader in the ef- the executive session. phone companies against the con- fort to keep the Internet free of dis- The PRESIDING OFFICER. Without sumers, the big lobbies are engaged in criminatory taxes. I fought to keep the objection, it is so ordered. a huge advertising blitz. By my back- Internet free of regulation. Now I am THE INTERNET of-the-envelope calculations, these big trying to keep control of the Internet Mr. WYDEN. Mr. President, tomor- lobbies are spending hundreds of mil- in the hands of the American people row in the other body, the House of lions of dollars on advertisements to and not force Americans in this coun- Representatives, they will begin debat- convince the American people that dis- try to pay tomorrow for what is free ing one of the most important commu- crimination and these extra charges today. nications issues facing our country— they would face on the Internet are ac- If you looked at these advertise- the future of the Internet. tually good for consumers and busi- ments, Mr. President, you would think Since the other body will begin that nesses. that neutrality is some newfangled discussion shortly and we have had de- If it is so good for the consumer, why idea that threatens the Internet. Net bate beginning in the Senate Com- are these lobbies spending millions of neutrality is what we have today, and merce Committee, chaired by Senator dollars on these advertisements to tell the Internet has thrived precisely be- STEVENS who worked so cooperatively the American people about it? If dis- cause it is neutral. It has thrived be- with Senator INOUYE, I wish to take a crimination was so good, wouldn’t con- cause consumers, and not some huge few minutes and talk about why I sumers have been interested in paying phone company or some huge cable think this issue is so important and higher prices a long time ago? company, get to choose what they what the stakes are for our country. It is hard to open the pages of a want to see and how quickly they get We all understand what has been so newspaper or turn on the television to see it. exciting about the Internet. The Inter- without seeing an advertisement urg- I want to make it clear that those of net has been a tremendously democra- ing people to stop Congress from ‘‘regu- us who are fighting to keep the Net tizing force, ensuring that in every lating the Internet.’’ One trade associa- neutral, which means that when you go nook and cranny of America, opportu- tion has even placed ads in the airports to your browser, you go where you nities are there for Americans to learn, around Washington, DC, hoping Sen- want, when you want, how you want, to tap the free enterprise system and ators and Representatives traveling after you pay that initial access to secure health care to name a few. back to their States will see them. I charge, are not interested in regulating This is an extraordinary array of op- can’t imagine the executives of these anything. The people who want to portunities. large corporations would commit such make the changes, the big telecom and

VerDate Sep 11 2014 09:14 Mar 24, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR08JN06.DAT BR08JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 8, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 8 10411 cable lobbies, are the ones who want to and Albion College. After graduating PETER G. SHERIDAN meddle with the Internet. They want from law school, Judge Ludington Birth: April 21, 1950; Cambridge, Massachu- to put their hands on the Internet so worked at Currie and Kendall law firm setts. they can heap all these extra charges for 14 years. He also served as president Legal Residence: New Jersey. on the American people. of the firm before he left to join the Education: 1968–1972; St. Peter’s College B.S. degree. 1974–1977; Seton Hall University Right now there is a small business, Michigan circuit bench. School of Law, J.D. degree. a craft maker, in Tigard, OR, who has I thank Senator SPECTER and Sen- Bar Admittance: 1977; New Jersey. 1980; a Web site where she sells her products ator LEAHY for working with me and New York. all over the world. If these big lobbies Senator LEVIN to bring these two truly Experience: 1977–1978; Law Clerk to the have their way, she will have to pay a qualified nominees to the floor of the Honorable James J. Petrella, Superior Court new hefty fee so customers can con- Senate. I look forward to continuing to of New Jersey, County of Bergen. 1978–1981; tinue to have the same access to her work with them on issues related to Port Authority of New York/New Jersey, Of- Web site. That is not right. The con- the Michigan District Court and the fice of New Jersey, Solicitor Attorney. 1981– 1984; McCarthy and Schatzman, Associate. sumer, after they pay that initial ac- Sixth Circuit Court of Appeals. I urge 1984–1987; Atlantic City Casino Association, cess charge, ought to be able to go my colleagues to join with us in Vice President and General Counsel. 1987– where they want, when they want, how strongly supporting the nominations 1990; Office of Governor Thomas Kean, Direc- they want to get there. To make them and confirming Judge Cox and Judge tor of Authorities Unit. 1990–1992; Cohen, pay tomorrow for what they get for Ludington. Shapiro, Polisher, Shiekman, & Cohen, Of free today is wrong. Mr. President, I ask unanimous con- Counsel. 1992–1993; Cullen and Dykman. 1994– Colleagues are waiting to speak. I sent that the votes on the confirmation 1995; Partner. 1993–1994; N.J. Republican had anticipated spending a bit more of judges begin at 2 p.m. today; pro- State Committee, Executive Director. 1995– vided further, that all the votes in the present; Graham, Curtin & Sheridan, Share- time on this, but I think this ad says it holder/Director. all. We ought to keep the Internet free sequence after the first be limited to 10 THOMAS L. LUDINGTON of discrimination. We ought to protect minutes each. Birth: December 28, 1953; Midland, Michi- consumers against multiple and dis- The PRESIDING OFFICER. Without objection, it is so ordered. gan. criminatory access charges. The next Legal Residence: Michigan. time somebody sees one of these ads, The PRESIDING OFFICER. The hour Education: 1972–1976; Albion College, B.A. ads that seem to have millions of dol- of 2 p.m. having arrived, the question degree, cum laude. 1977–1979; University of lars of lobby money backing them up, is, Will the Senate advise and consent San Diego School of Law, J.D. degree. they ought to know that this which to the nomination of Noel Lawrence Bar Admittance: 1980; Michigan. purports to represent my legislation is Hillman, of New Jersey, to be United Experience: 1980–1994; Currie and Kendall, States District Judge for the District P.C., Associate/Partner. 1994–Present; 42nd false. What is in this ad suggests scores Circuit Court, State of Michigan, Judge and scores of pages. The reality is my of New Jersey? Ms. STABENOW. Mr. President, I ask (Chief Judge since 1999). bill to keep the Internet free of dis- SEAN F. COX crimination and protect the consumer unanimous consent that it be in order to ask for the yeas and nays on all four DISTRICT COURT FOR THE EASTERN DISTRICT OF is 15 pages long. MICHIGAN This argument at the top of the ad of the nominees. The PRESIDING OFFICER. Is there Birth: September 24, 1957; Detroit, Michi- that there will be a host of Net-neu- gan. trality regulations is similarly false. It objection? Ms. STABENOW. I ask for the yeas Legal Residence: Michigan. is not about regulating anything on the Education: 1975–1979; University of Michi- Internet. I want to keep the Internet and nays, Mr. President. gan, B.G.S. degree, 1980–1983; Detroit College The PRESIDING OFFICER. Is there the way it is—an open, vibrant system, of Law, J.D. degree. objection? accessible to all. Bar Admittance: 1983; Michigan. Mr. SPECTER. Mr. President, I wish Mr. President, I yield the floor. Experience: 1983; James Flynn, P.C., Law to speak briefly—for less than 2 min- clerk. 1983–1984; Self-employed. 1984–1989; The PRESIDING OFFICER (Mr. utes—on the four nominees. They have Kitch, Saurbier, Drutchas, Wagner & ALEXANDER). Who yields time? been cleared by the Judiciary Com- Kenney, Associate. 1989–1990; Bloom & The Senator from Michigan. Kavanaugh, Associate. 1990–1996; Cummings, Ms. STABENOW. Mr. President, I mittee, and I ask unanimous consent ´ ´ McClorey, Davis & Acho, P.C., Partner. 1996– rise today to speak to the nominations that their resumes be printed in the present; Third Judicial Circuit Court, State before us. I appreciate my distin- RECORD. They are all well qualified, of Michigan, Circuit Judge. and I urge my colleagues to confirm guished colleague and friend from Or- Mr. SPECTER. We are operating them. egon relinquishing the floor. He is very under some time pressures because passionate and such a wonderful leader NOEL L. HILLMAN there are Senators who have other on so many topics. I appreciate his NOMINEE, U.S. DISTRICT COURT FOR THE commitments. We wanted to call the good work. DISTRICT OF NEW JERSEY vote at 2 o’clock. It is 2:01 now. I be- I rise today to support the nomina- Birth: 1956; Red Bank, New Jersey. Legal Residence: Virginia. lieve the unanimous consent request tions of Judge Sean Cox and Judge Education: 1978–1981; Monmouth College, has been made that the votes start im- Thomas Ludington to the U.S. District B.A. degree. 1981–1985; Seton Hall University mediately and that the subsequent Court for the Eastern District of Michi- School of Law, J.D. degree. 1985–1998; New votes be 10 minutes each. gan. Both nominees will bring distin- York University School of Law, L.L.M. de- The PRESIDING OFFICER. That is guished legal careers and judicial expe- gree. correct. rience to the Federal bench. Bar Admittance: 1986; New Jersey. 1990; Mr. SPECTER. Have the yeas and New York. Judge Sean Cox has served as a Cir- Experience: 1992–present; U.S. Department nays been ordered on all of the nomina- cuit Court Judge for the Third Circuit of Justice. 2003–2006; Public Integrity Sec- tions? of Michigan since 1996. He is a graduate tion, Senior Counsel to the Assistant Attor- The PRESIDING OFFICER. There is of the Detroit College of Law at the ney General; Chief. 2002–2003; Acting Chief. a pending unanimous consent request University of Michigan and has over 12 2001–2002; Principal Deputy Chief. 2000–2001; for the yeas and nays on all four nomi- years of private practice experience. Criminal Division, United States Attorney’s nees. Is there objection to that re- Judge Thomas Ludington has served Office, District of New Jersey Deputy Chief. quest? Without objection, it is so or- on the 42nd Circuit Court for Midland 1999–2000; Campaign Finance Task Force dered. County since 1995. He has served as Trial Attorney. 1992–2001; United States At- Mr. SPECTER. Mr. President, I ask torney’s Office, District of New Jersey, As- chief judge of this court for the past 6 sistant U.S. Attorney. 1988–1992; Lord Day & for the yeas and nays. years. Lord Associate. 1986–1988; U.S. District Judge The PRESIDING OFFICER. Is there a Judge Ludington is a graduate of the Maryanne Trump Barry, Law Clerk. 1986; sufficient second? There is a sufficient University of San Diego School of Law Hillman & Sullivan, Associate. second.

VerDate Sep 11 2014 09:14 Mar 24, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR08JN06.DAT BR08JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 10412 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 8 June 8, 2006 The question is, Will the Senate ad- [Rollcall Vote No. 167 Ex.] district judge for the Central District vise and consent to the nomination of YEAS—98 of California who also have the support Noel Lawrence Hillman, of New Jersey, Akaka Dole Martinez of Democratic home State Senators to be United States District Judge for Alexander Domenici McCain and could also be easily confirmed. the District of New Jersey? On this Allard Dorgan McConnell When they are considered, and I hope Allen Durbin Menendez question, the yeas and nays have been Baucus Ensign Mikulski the Republican leadership will agree to ordered. The clerk will call the roll. Bayh Enzi Murkowski do that next week and not delay, we Bennett Feingold The assistant journal clerk called the Murray will have confirmed 250 of President Biden Feinstein Nelson (FL) roll. Bingaman Frist Bush’s nominees to lifetime appoint- Nelson (NE) ments on the Federal courts. Mr. DURBIN. I announce that the Bond Graham Obama Boxer Grassley Pryor As I noted earlier this week, the Senator from West Virginia (Mr. Brownback Gregg Reed nominees we are considering today Bunning Hagel ROCKEFELLER) and the Senator from Reid Burns Harkin could have been confirmed earlier if New York (Mr. SCHUMER) are nec- Roberts Burr Hatch the Republican leadership had chosen Salazar essarily absent. Byrd Hutchison Santorum to proceed with them instead of press- The PRESIDING OFFICER. Are there Cantwell Inhofe ing forward first with the controversial Carper Inouye Sarbanes any other Senators in the Chamber de- Chafee Isakson Sessions nomination of Brett Kavanaugh and siring to vote? Chambliss Jeffords Shelby the divisive debate over a constitu- Smith Clinton Johnson tional amendment that had no chance The result was announced—yeas 98, Coburn Kennedy Snowe nays 0, as follows: Cochran Kerry Specter of passing. I do commend the Repub- Coleman Kohl Stabenow lican Senate leadership for wisely pass- [Rollcall Vote No. 166 Ex.] Collins Kyl Stevens ing over the controversial nominations Sununu YEAS—98 Conrad Landrieu of William Gerry Myers III, Terrence Cornyn Lautenberg Talent Akaka Dole Martinez Craig Leahy Thomas W. Boyle, and Norman Randy Smith to Alexander Domenici McCain Crapo Levin Thune turn to these nominations today. In Allard Dorgan McConnell Dayton Lieberman Vitter the course of an hour or two this week, Allen Durbin Voinovich Menendez DeMint Lincoln the Senate will confirm five lifetime Baucus Ensign Mikulski DeWine Lott Warner Bayh Enzi Murkowski Dodd Lugar Wyden appointments to the Federal courts. Bennett Feingold Murray NOT VOTING—2 Debate on those flawed nominations Biden Feinstein Nelson (FL) will take much longer. The Republican Bingaman Frist Nelson (NE) Rockefeller Schumer Bond Graham leadership is right to have avoided such Obama The nomination was confirmed. Boxer Grassley Pryor controversial nominations that were Brownback Gregg Reed Mr. LEAHY. Mr. President, I ask only reported on a party-line vote. Bunning Hagel Reid unanimous consent the previously or- Burns Harkin During the 17 months I was chairman Roberts Burr Hatch dered rollcalls on the next two nomi- of the Judiciary Committee and the Salazar Byrd Hutchison nees be vitiated, they be considered Santorum Senate was under Democratic control, Cantwell Inhofe and passed en bloc. we confirmed 100 of President Bush’s Carper Inouye Sarbanes Chafee Isakson Sessions The PRESIDING OFFICER (Mr. nominees. After today, in the last 17 Chambliss Jeffords Shelby CHAFEE). Without objection, it is so or- months under Republican control, the Clinton Johnson Smith dered. Snowe Senate will have confirmed 43. Coburn Kennedy The question is, Will the Senate ad- Regrettably, rather than fill judicial Cochran Kerry Specter Coleman Kohl Stabenow vise and consent en bloc to the nomina- vacancies with qualified nominees, the Collins Kyl Stevens tions of Thomas L. Ludington, of Republican leadership seems all too Conrad Landrieu Sununu Michigan, to be United States District often more focused on picking fights. Cornyn Lautenberg Talent Craig Leahy Thomas Judge for the Eastern District of Last month, they forced debate on the Crapo Levin Thune Michigan and Sean F. Cox, of Michi- controversial nomination of a White Dayton Lieberman Vitter gan, to be United States District Judge House insider selected for a lifetime DeMint Lincoln Voinovich for the Eastern District of Michigan. position on the DC Circuit as a reward DeWine Lott Warner Dodd Lugar Wyden The nominations were confirmed en for his loyalty to President Bush. I did bloc. not support confirmation of Brett NOT VOTING—2 Mr. LEAHY. Mr. President, today the Kavanaugh. That was the fight the Re- Rockefeller Schumer Senate confirmed four lifetime ap- publican leader had promised the nar- pointments to U.S. district courts, row special interest groups of the The nomination was confirmed. Noel Hillman and Peter Sheridan, who rightwing of his party. The PRESIDING OFFICER. The have been nominated to seats on the The President and Senate Republican question is, Will the Senate advise and U.S. District Court for the District of leadership continue to pick fights over consent to the nomination of Peter G. New Jersey, and Thomas Ludington judicial nominations rather than focus Sheridan, of New Jersey, to be United and Sean Cox, who have been nomi- on filing vacancies. This is part of their States District Judge for the District nated to seats on the U.S. District partisan effort to agitate conservative of New Jersey? On this question, the Court for the Eastern District of Michi- voters, no doubt. They are willing to yeas and nays have been ordered. The gan. They are all nominees who have play politics with the Constitution and clerk will call the roll. the support of Democratic home State with the courts. They treat the Con- The assistant legislative clerk called Senators. stitution as a billboard for campaign the roll. I am glad the Republican leadership posters and political ads. has taken notice of the fact that, as I Judicial vacancies have now grown to Mr. DURBIN. I announce that the discussed earlier this week, these nearly 50 from the lowest vacancy rate Senator from West Virginia (Mr. nominees have been ready for action in decades. More than half these vacan- ROCKEFELLER) and the Senator from for some time, since being reported cies are without a nominee. The Con- New York (Mr. SCHUMER) are nec- unanimously last month. I also look gressional Research Service has re- essarily absent. forward to working with the Repub- cently released a study showing that The PRESIDING OFFICER. Are there lican leadership to schedule debate and this President has been the slowest in any other Senators in the Chamber de- consideration of Sandra Segal Ikuta, decades to make circuit court nomina- siring to vote? who has been nominated to a seat on tions and the Republican Senate The result was announced—yeas 98, the U.S. Court of Appeals for the Ninth among the slowest to act. If they would nays 0, as follows: Circuit, and Andrew Guilford to be a concentrate on the needs of the courts,

VerDate Sep 11 2014 09:14 Mar 24, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR08JN06.DAT BR08JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 8, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 8 10413 our Federal justice system, and the other Bush appellate nominee, Ter- Those knowledgeable and respectful of needs of the American people, we would rence Boyle, in hopes of changing the judicial ethics oppose this nomination. be much further along. pre-election subject from Iraq, high This nomination has been pending on This week we passed a milestone, gasoline prices and bribery scandals.’’ the calendar in the Republican-con- confirming the 17th judicial nominee We should not stand idly by as Re- trolled Senate since June of last year this session. That was the total number publicans choose to use lifetime Fed- when it was forced out of the com- of judges confirmed in the 1996 congres- eral judgeships for partisan political mittee on a party-line vote. It should sional session, when Republicans con- advantage. In a May 11, 2006, editorial be withdrawn. trolled the Senate and stalled the The Tennessean wrote: Also on the calendar is the nomina- nominations of President Clinton. In [T]he nation should look with complete tion of William Myers to the Ninth Cir- the 1996 session, however, Republicans dismay at the blatantly political angle on cuit. This is another administration in- would not confirm a single appellate nominations being advocated by Senate Re- sider and lobbyist whose record has court judge. All 17 confirmations were publicans now. . . . Republicans are girding made him extremely controversial. I for a fight on judicial nominees for no reason district court nominees. That is the other than to be girding for a fight. They opposed this nomination when it was only session I can remember in which have admitted as much in public comments. considered by the Judiciary Committee the Senate has simply refused to con- . . . In other words, picking a public fight in March 2005. He was a nominee who sider a single appellate court nomina- over judicial nominees is, in their minds, the the so-called Gang of 14 expressly listed tion. That was part of their pocket-fili- right thing to do because it’s the politically as someone for whom they made no buster strategy to stall and maintain right thing to do. . . . Now, Republicans are commitment to vote for cloture, and vacancies so that a Republican Presi- advocating a brawl for openly political pur- with good reason. His antienviron- poses. The appointment of judges deserves dent could pack the courts and tilt far more respect than to be an admitted elec- mental record is reason enough to op- them decidedly to the right. In the im- tion-year ploy. . . . It should be beneath the pose his confirmation. His lack of inde- portant DC Circuit, the confirmation of Senate to have such a serious matter sub- pendence is another. If anyone sought Brett Kavanaugh was the culmination jected to nothing but a tool for political to proceed to this nomination, there of the Republicans’ decade-long at- gain. would be a need to explore his connec- tempt to pack the DC Circuit that On May 3, 2006, The New York Times tions with the lobbying scandals asso- began with the stalling of Merrick Gar- wrote in an editorial: ‘‘The Repub- ciated with the Interior Department land’s nomination in 1996 and contin- licans have long used judicial nomina- and Jack Abramoff. This nomination ued with the blocking of President tions as a way of placating the far should also be withdrawn. Clinton’s other well-qualified nomi- right of their party, and it appears that A few months ago, the President nees, Elena Kagan and Allen Snyder. with President Bush sinking in the withdrew the nomination of Judge If the Republican leadership will polls, they now want to offer up some James Payne to the Court of Appeals work with us to schedule Sandra Segal new appeals court judges to their con- for the tenth Circuit after information Ikuta’s nomination for consideration servative base.’’ became public about that nominee’s and a vote, we are likely to add an- Consider the President’s nomination rulings in a number of cases in which other circuit court confirmation to of Judge Terrence Boyle to the Fourth he appears, like Judge Boyle, to have that total. I only wish President Clin- Circuit. We have learned from recent had conflicts of interest. Those con- ton’s nominees had received the same news reports that, as a sitting U.S. dis- flicts were pointed out not by the ad- treatment. trict judge and while a circuit court ministration’s screening process or by The road ahead is likely to be rocky. nominee, Judge Boyle ruled on mul- the ABA but by journalists. In the runup to the Kavanaugh nomi- tiple cases involving corporations in Judge Payne joins a long list of nation debate, we saw that the Senate which he held investments. In at least nominations by this President that Republican leadership is apparently one instance, he is alleged to have have been withdrawn. Among the more heeding the advice of The Wall Street bought General Electric stock while well known are Bernard Kerik to head Journal editorial page, which wrote, presiding over a lawsuit in which Gen- the Department of Homeland Security ‘‘[a] filibuster fight would be exactly eral Electric was accused of illegally and Harriet Miers to the Supreme the sort of political battle Republicans denying disability benefits to a long- Court. It was, as I recall, reporting in a need to energize conservative voters time employee. Two months later, he national magazine that doomed the after their recent months of despond.’’ ruled in favor of GE and denied the em- Kerik nomination. It was opposition Rich Lowery, editor of the conserv- ployee’s claim for long-term and pen- within the President’s own party that ative National Review, listed a fight sion disability benefits. Whether or not doomed the Miers nomination. over judges as one of the ways Presi- it turns out that Judge Boyle broke During the last few months, Presi- dent Bush could revive his political Federal law or canons of judicial eth- dent Bush also withdrew the nomina- fortunes, writing that he should, ics, these types of conflicts of interest tions of Judge Henry Saad to the Court ‘‘[p]ush for the confirmation of his cir- have no place on the Federal bench. of Appeals for the sixth Circuit and cuit judges that are pending. Talk Certainly, they should not be rewarded Judge Daniel P. Ryan to the Eastern about them by name. The G.O.P. wins with a promotion to the Fourth Cir- District of Michigan after his ABA rat- judiciary fights.’’ cuit. Certainly, they should be inves- ing was downgraded. Republican Senators are relishing tigated. It is not as if we have not been vic- picking fights over controversial judi- The President should heed the call of timized before by the White House’s cial nominees. Senator THUNE has said, North Carolina Police Benevolent As- poor vetting of important nominations. ‘‘A good fight on judges does nothing sociation, the North Carolina Troopers’ If the White House had its way, we but energize our base . . . . Right now Association, the Police Benevolent As- would already have confirmed Claude our folks are feeling a little flat.’’ Sen- sociations from South Carolina and Allen to the Fourth Circuit. He is the ator CORNYN has said, ‘‘I think this is Virginia, the National Association of Bush administration insider who re- excellent timing. From a political Police Organizations, the Professional cently resigned his position as a top standpoint, when we talk about judges, Fire Fighters and Paramedics of North domestic policy adviser to the Presi- we win.’’ On May 8, 2006, The New York Carolina, as well as the advice of Sen- dent. Ultimately we learned why he re- Times reported: ‘‘Republicans are ator SALAZAR and former Senator John signed when he was arrested for fraudu- itching for a good election-year fight. Edwards, and withdraw his ill-advised lent conduct over an extended period of Now they are about to get one: a re- nomination of Judge Terrence Boyle. time. Had we Democrats not objected prise of last year’s Senate showdown Law enforcement from North Carolina to the White House attempt to shift a over judges.’’ The Washington Post re- and law enforcement from across the circuit judgeship from Maryland to ported on May 10: ‘‘Republicans had re- country oppose the nomination. Civil Virginia, someone now the subject of a vived debate on Kavanaugh and an- rights groups oppose the nomination. criminal prosecution for the equivalent

VerDate Sep 11 2014 09:14 Mar 24, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR08JN06.DAT BR08JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 10414 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 8 June 8, 2006 of stealing from retail stores would be One of the most important checks States and Foreign Commercial Serv- a sitting judge on the Fourth Circuit and balances to unprecedented over- ice. That is an agency within the De- confirmed with a Republican rubber- reaching by the Bush-Cheney executive partment of Commerce with people on stamp. branch is an independent judiciary. I the ground in foreign countries pushing Yet another controversial pending have sought to expedite consideration for the interest of U.S. businesses. nomination is that of Norman Randy of qualified, consensus nominees and She, herself, worked abroad to ad- Smith to the Ninth Circuit. This nomi- urged the President to work with us to vance U.S. trade objectives while serv- nation is another occasion on which make selections that unite all Ameri- ing as a trade policy officer in the U.S. this President is seeking to steal a cir- cans. When the White House fails to embassy in Tokyo. cuit court seat from one State and re- make those kinds of selections, I hope Her first job in Washington was as an assign it to another one, one with Re- that the Republican-controlled Senate agricultural trade negotiator for the publican Senators. That is wrong. I will stop rubberstamping them and Office of U.S. Trade Representative. support Senators FEINSTEIN and BOXER stop using controversial judicial nomi- Ambassador Schwab thus knows full in their opposition to this tactic. I nations to score partisan political well the importance and the challenge have suggested a way to resolve two points. Our courts are too important. of advancing the trade interests of U.S. difficult situations if the President The rights and liberties of the Amer- family farmers. were to renominate Mr. Smith to fill ican people are too important. The Ambassador Schwab also has exten- the Idaho vacancy on the Ninth Circuit courts are the only check and balance sive experience working for the Con- instead of a vacancy for a California left to protect the American people and gress of the United States, the very seat. Regrettably, the White House has provide some oversight of the actions committee that I chair. She spent 8 not followed up on my suggestion. of this President. years during the 1980s as a trade policy A complicit Republican-controlled f specialist and then as legislative direc- Senate remains all too eager to act as tor for then-Senator Danforth at a a rubberstamp for the Bush-Cheney ad- SUSAN C. SCHWAB TO BE UNITED time when he chaired the trade sub- ministration. The nomination of Mr. STATES TRADE REPRESENTATIVE committee of this Committee on Fi- Kavanaugh was one of the few to be The PRESIDING OFFICER. Under nance. downgraded by the ABA upon further the previous order, the Senate will pro- Ambassador Schwab is well aware of review. Until the Republican-con- ceed to the following nomination, the important role Congress plays in trolled Senate proceeded to confirm which the clerk will report. U.S. trade policy. I look forward to this White House insider, I cannot re- The assistant legislative clerk read working closely with her in advancing call anyone being confirmed after such the nomination of Susan C. Schwab, of U.S. trade objectives. a development—another first, and an- Maryland, to be United States Trade In addition, Ambassador Schwab has other problematic confirmation that ill Representative, with the rank of Am- experience working on trade issues also serves the American people. bassador Extraordinary and Pleni- in the private sector. At one point, she Another troubling nomination is that potentiary. was director of corporate business de- of William James Haynes to the Fourth The PRESIDING OFFICER. Debate velopment for Motorola. In that posi- Circuit, which has been pending in the on this nomination shall be as follows: tion, she engaged in strategic planning Republican-controlled Senate without Senator DORGAN for 30 minutes, Sen- on behalf of Motorola in the continent action for 3 years. Mr. Haynes is the ator CONRAD 15 minutes, Senator BAU- of Asia. general counsel at the Defense Depart- CUS, 10 minutes, Senator GRASSLEY, 30 More recently, she served as dean of ment and was deeply involved devel- minutes. the University of Maryland School of oping the torture policies, detention The Senator from North Dakota is Public Policy. That was from 1995 and interrogation policies, military recognized. through the year 2003, and then as tribunals, and other controversial as- Mr. DORGAN. I ask unanimous con- president and CEO of the University pects of the manner in which this ad- sent the Senator from Iowa be recog- System of the Maryland Foundation, ministration has proceeded unilater- nized. I believe the Senator from Ala- as well as serving as vice chancellor for ally to make mistakes and exceed its bama wishes to be recognized. I am advancement. legal authority. Concerns about the happy to proceed following those two. Her academic and private-sector ex- Haynes nomination may not be con- The PRESIDING OFFICER. The Sen- periences complement her strong back- fined to Democratic Senators, accord- ator from Iowa. ground in Government service. She is ing to recent press reports. Mr. GRASSLEY. Mr. President, I well rounded, in other words. Given the I trust that the Senate will not re- strongly support the nomination of major challenges we face in advancing peat the mistake it made before. It was Susan Schwab to serve as U.S. Trade a robust trade agenda, it is especially only after Jay Bybee was confirmed to Representative. important we have someone of Ambas- a lifetime appointment to the Ninth It is almost 7 months to the day sador Schwab’s caliber serving as U.S. Circuit that we learned of his involve- since the Senate unanimously con- Trade Representative dealing with 149 ment with the infamous Bybee memo firmed Ambassador Schwab to be Dep- countries that are members of the seeking to justify torture and degrad- uty U.S. Trade Representative. World Trade Organization. ing treatment. I had asked him what During her service in that position, We need to achieve substantial he had worked on while head of the De- Ambassador Schwab has amply dem- progress in Doha Round negotiations, partment of Justice’s Office of Legal onstrated her qualifications to take and soon, if we are going to succeed in Counsel, but he had refused to respond. over as our next trade representative. getting an agreement before trade pro- This former Defense Department and She successfully concluded negotia- motion authority for the President of Justice Department insider now sits on tions of trade agreements with Peru the United States expires next year. the Ninth Circuit for life. and Columbia and has been actively en- We still have a long way to go on those Finally, there is the more recent gaged in the ongoing negotiations of negotiations to reach an ambitious nomination of Michael Wallace to a va- the Doha Development Round of the outcome that would be acceptable to cancy on the Fifth Circuit. Mr. Wallace World Trade Organization. me as chairman of the committee, but received the first ABA rating of unani- Given her strong background in trade I think I can speak for the entire Con- mously ‘‘not qualified’’ that I have policy, it is not surprising, then, that gress on that point. seen for a circuit court nominee since Ambassador Schwab has served so well We are also in the process of negoti- President Reagan. Yet that is one of in her current position. ating free trade agreements with a the controversial nominations we can Ambassador Schwab formally served number of important trading partners, expect the Republican Senate to target as Assistant Secretary of Commerce including South Korea and Malaysia. for action given their track record. and Director General of the United These are going to represent terrific

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