S4606 CONGRESSIONAL RECORD — SENATE June 26, 2012 not give up this fight. On a daily basis, tion drugs that flood the country and harm I will continue to fight prescription drug I am hearing from my constituents in so many Americans. abuse for as long as I have a breath in my West Virginia and all around this coun- In 2010, the most recent year for body. I will not give up on my son or anyone try who are counting on us to do some- which data is available, a study showed else who is addicted. Things need to change there were 28,310 recorded instances of within our system. We cannot continue to thing about the prescription drug epi- allow just anyone to have access to prescrip- demic ravaging their communities. toxic exposures from hydrocodone. The tion pain medicine. Parents need to be edu- Since I offered this amendment, I same study showed that 24 million in- cated while their children are still at home. have heard from so many West Vir- dividuals have admitted to abusing Communities need to be aware of crimes ginians who have seen a ray of hope be- hydrocodone drugs for nonmedical pur- (drug dealers) and report them. Doctors need cause we might be able to do some- poses—unbelievable. to stop prescribing pain pills to people on the thing about this problem. I will not A different study, put out by the Cen- street, and they need to be held accountable. pretend it will solve it completely, but ters for Disease Control in November, What happened to our medical ethics when people who need pain medicine for a while it is sure a good step in the right direc- showed that more than 40 people die every day from overdoses involving are given strong addictive pain medicine, tion. So I am coming to the floor to only to have to keep coming back to the doc- share the stories of the people of West narcotic pain relievers such as tor over and over again for refills? Is it greed Virginia, in the hopes of bringing peo- hydrocodone. Isn’t it worth doing that is behind the beginning of this growing ple together around a solution to this something to get the pills out of the epidemic? Doctors definitely profit from the terrible problem. wrong hands? addict’s return visits, as well as the pharma- This is from Sheila from Charleston, My amendment may not have gone ceutical companies that make the medicine. who sent me this letter in support of into this bill yesterday, but it is not We know there is a problem but what are my amendment after losing a close going to go away—I think we all know people going to do about it? I am doing what I can, but is it enough? Will you help? family member: that—and I am determined to see this For Rebecca and all the other moth- Please continue to fight the drug compa- through to the end. nies and pharmacies regarding this issue. While the people of West Virginia, ers, fathers, sisters, and brothers out Our family in the last two months lost a be- Delaware, and elsewhere are dis- there who are pleading for help, we owe loved family member to prescription drug appointed in the outcome of the it to them to get this amendment overdose. He was a promising young man hydrocodone amendment, I do wish to agreed to. that lost his life because of addiction to pain highlight one measure that was in- I yield the floor and suggest the ab- medication. cluded in the legislation that we are sence of a quorum. Our family continues to be devastated, proud of and is important to me and The ACTING PRESIDENT pro tem- wondering how did this happen. He came everybody in this body. It would make pore. The clerk will call the roll. from a highly-educated family that was in- The legislative clerk proceeded to volved in his treatment and cared deeply for the sale and distribution of synthetic him. His family spent $100,000+ in his recov- marijuana and other synthetic sub- call the roll. ery, but it was all too easy for him to obtain stances, known as bath salts, illegal by Mr. NELSON of FLORIDA. Mr. Presi- legal prescriptions. placing them on the list of schedule I dent, I ask unanimous consent that the What truly makes it more painful is he was controlled substances under the Con- order for the quorum call be rescinded. showing signs of overcoming his five-year trolled Substances Act. These drugs The PRESIDING OFFICER. Without battle. are also taking a terrible toll on all our objection, it is so ordered. We are not blaming anyone but the sys- States, and I was proud to cosponsor tem. We know we are each responsible for f this provision with my friend Senator our own actions. I have thought for years EXECUTIVE SESSION that our health care system is far behind in SCHUMER. I want to thank Senator technology and record keeping for doctor SCHUMER for his leadership in getting shopping and prescription dispensing. Please this passed. NOMINATION OF ROBIN S. ROSEN- understand I am very much opposed to more Finally, I wish to close with one BAUM TO BE UNITED STATES government in our personal lives, however more story from my home State of DISTRICT JUDGE FOR THE this is much needed in the medical arena. West Virginia as a way to remind ev- Please continue to fight this enormous SOUTHERN DISTRICT OF FLOR- eryone what I am fighting for and why. IDA battle for us. This letter comes from Rebecca, a That letter could have come from our woman who started a group called The PRESIDING OFFICER. Under constituents or any Congressman’s Mothers Against Prescription Drug the previous order, the Senate will pro- home district from anywhere in this Abuse as a way to deal with the ter- ceed to executive session to consider great country. The fact is I don’t know rible realities that have accompanied the following nomination which the of a person—whether it be in the Sen- her son’s 5-year battle with prescrip- clerk will report. ate, our colleagues in Congress or any- tion drug abuse: The bill clerk read the nomination of where in America—who hasn’t been af- Jamie was a great kid growing up. He Robin S. Rosenbaum, of Florida, to be fected by the abuse of legal prescrip- played basketball, football, and baseball. United States District Judge for the tion drugs used in the wrong way. It When he was 14 years old his team won the Southern District of Florida. touches everyone’s life. It is of epi- state tournament and went all the way to The PRESIDING OFFICER. Under demic proportion. Wisconsin to play in Regionals. Jamie was the previous order, the time until noon I have said it before, and I will say it always helping others and had such a kind will be equally divided in the usual again. I understand that limiting ac- heart. . . form. When Jamie got out of school he married Mr. LEAHY. Mr. President, the Re- cess to illegitimate uses of his high school sweetheart and was employed hydrocodone pills doesn’t necessarily in the mines. publican efforts to shutdown Senate fit into the model of selling more prod- After that he just went downhill. He began confirmations of qualified judicial uct, but there are times when even the abusing prescription drugs. For two years I nominees who have bipartisan support best business plan can be altered while tried everything to get help for him and do not help the American people. This staying successful. Certainly, one of tried to get him to stop. Things only got is a shortsighted policy at a time when worse. He lost his wife, his home, his truck the judicial vacancy rate remains al- those times is when the health of our and then his freedom. country and the public good is at My story is typical to so many families out most twice what it was at this point in stake. there who are struggling with loved ones the first term of President Bush. Judi- In fact, the Huntington Herald Dis- that are addicted. They just want someone cial vacancies during the last few years patch, the second largest newspaper in to listen. They need to be able to reach out have been at historically high levels. my State, located right on the border to someone who understands the nightmare Nearly one out of every 11 Federal between West Virginia and Ohio, de- that they go through daily, and know that judgeships is currently vacant. Their they are not alone. The addict is not the talk of shutting down confirmations scribes why this amendment is so im- only one who suffers. The family members portant. carry around guilt, sadness, shame, anger, for consensus and qualified circuit Congress is missing out on an opportunity hopelessness, fear, anxiety, etc. . . . I could court nominees is not helping the over- to close the spigot at least partway on the go on and on about how bad this experience burdened Federal courts to which large volumes of commonly abused prescrip- has been for me and how it has not stopped. Americans turn for justice.

VerDate Mar 15 2010 23:41 Jun 26, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.007 S26JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 26, 2012 CONGRESSIONAL RECORD — SENATE S4607 In a letter dated June 20, 2012, the possibility; it is a certainty, absent your sent to vote on superbly qualified cir- president of the American Bar Associa- continued commitment to the federal judici- cuit court nominees with strong bipar- tion urged Senator REID and Senator ary and steady action on nominees. tisan support. This is a new and dam- Thank you for your past efforts and for MCCONNELL to work together to sched- your consideration of our views on this im- aging application of the Thurmond ule votes on the nominations of Wil- portant issue. Rule. liam Kayatta, Judge Robert Bacharach Sincerely, It is hard to see how this new appli- and Richard Taranto, three consensus, WM. T. (BILL) ROBINSON III, cation of the Thurmond Rule is really qualified circuit court nominees await- President. anything more than another name for ing Senate confirmation so that they Mr. LEAHY. He writes: the stalling tactics we have seen for may serve the American people. I ask Amid concerns that the judicial confirma- months and years. I have yet to hear unanimous consent that a copy of his tion process is about to fall victim to presi- any good reason why we should not letter be printed in the RECORD. dential election year politics through the in- continue to vote on well-qualified, con- There being no objection, the mate- vocation of the ‘‘Thurmond Rule,’’ I am writ- sensus nominees, just as we did up rial was ordered to be printed in the ing on behalf of the American Bar Associa- until September of the last two Presi- RECORD, as follows: tion to reiterate our grave concern for the dential election years. I have yet to longstanding number of judicial vacancies on AMERICAN BAR ASSOCIATION, hear a good explanation why we cannot Article III courts and to urge you to sched- Chicago, IL, June 20, 2012. work to solve the problem of high va- ule floor votes on three pending, non- Hon. HARRY REID, controversial circuit court nominees before cancies for the American people. I will Majority Leader, U.S. Senate, Hart Senate Of- July and on district court nominees who continue to work with the Senate lead- fice Building, Washington, DC. have strong bipartisan support on a weekly ership to try to confirm as many of Hon. MITCH MCCONNELL, basis thereafter. President Obama’s qualified judicial Republican Leader, U.S. Senate, Russell Senate Office Building, Washington, DC. He observes that ‘‘the Senate has a nominees as possible to fill the many DEAR MAJORITY LEADER REID AND REPUB- continuing constitutional duty to act judicial vacancies that burden our LICAN LEADER MCCONNELL: Amid concerns with due diligence to reduce the dan- courts and the American people across that the judicial confirmation process is gerously high vacancy rate that is ad- the country. about to fall victim to presidential election versely affecting our federal judici- Last week, I spoke about the an- year politics through the invocation of the ary.’’ nouncement from Senate Republican ‘‘Thurmond Rule,’’ I am writing on behalf of leadership that they would be shutting the American Bar Association to reiterate There is no good reason that the Sen- our grave concern for the longstanding num- ate should not vote on consensus cir- down the confirmation process for ber of judicial vacancies on Article III courts cuit court nominees thoroughly vetted, qualified and consensus circuit court and to urge you to schedule floor votes on considered and voted on by the Judici- nominees for the rest of the year. As I three pending, noncontroversial circuit court ary Committee. There is no reason the noted, Senate Republicans have be- nominees before July and on district court Senate cannot vote on the nomination come the party of ‘‘no’’—no help for nominees who have strong bipartisan sup- of William Kayatta of Maine to the the American people, no to jobs, no to port on a weekly basis thereafter. economic recovery and no to judges to Three of the four circuit court nominees First Circuit, a nominee strongly sup- pending on the Senate floor are consensus ported by both of Maine’s Republican provide Americans with justice in their nominees who have received overwhelming Senators and reported nearly unani- Federal courts. Although the public an- approval from the Senate Judiciary Com- mously by the Committee 2 months nouncement that they would be block- mittee. Both William Kayatta, Jr. of Maine, ago. This is the same person who Chief ing qualified and consensus circuit nominated to the First Circuit, and Robert Justice John Roberts recommended to court nominees is recent, the truth is Bacharach of Oklahoma, nominated to the Kenneth Starr for a position in the that Senate Republicans have been ob- Tenth Circuit, have the staunch support of Justice Department. structing President Obama’s judicial their Republican senators. Richard Taranto, nominees since the beginning of his nominated to the Federal Circuit, enjoys There is no reason the Senate cannot strong bipartisan support, including the en- vote on the nomination of Judge Rob- Presidency, beginning with their fili- dorsement of noted conservative legal schol- ert Bacharach of Oklahoma to the buster of his first nominee. ars. All three nominees also have stellar pro- Tenth Circuit, who was supported by Senate Republicans used to insist fessional qualifications and each has been Senator COBURN during Committee that filibustering of judicial nomina- rated unanimously ‘‘well-qualified’’ by the consideration, and also by the State’s tions was unconstitutional. The Con- ABA’s Standing Committee on the Federal other Republican Senator, Senator stitution has not changed but as soon Judiciary. INHOFE. Senator COBURN said that as President Obama was elected, they As you know, the ‘‘Thurmond Rule’’ is nei- reversed course and filibustered Presi- ther a rule nor a clearly defined event. While Judge Bacharach would make a great the ABA takes no position on what invoca- nominee for a Republican president. So dent Obama’s very first judicial nomi- tion of the ‘‘Thurmond Rule’’ actually means why is the Republican leadership play- nation. Judge David Hamilton of Indi- or whether it represents wise policy, recent ing politics with his nomination? ana was a widely respected 15-year vet- news stories have cast it as a precedent There is also no reason the Senate eran of the Federal bench nominated to under which the Senate, after a specified cannot vote on Richard Taranto’s nom- the Seventh Circuit and was supported date in a presidential election year, ceases to ination to the Federal Circuit. He was by Senator Dick Lugar, the longest- vote on nominees to the federal circuit reported almost unanimously by voice serving Republican in the Senate. They courts of appeals. We note that there has delayed his confirmation for 5 months. been no consistently observed date at which vote nearly 3 months ago, and is sup- this has occurred during the presidential ported by conservatives such as Robert Senate Republicans then proceeded to election years from 1980 to 2008. With regard Bork and Paul Clement. obstruct and delay just about every to the past three election years, the last cir- And the one circuit court nominee circuit court nominee of this Presi- cuit court nominees were confirmed in June who was reported out of Committee dent, filibustering nine of them. They during 2004 and 2008 and in July during 2000. with a split rollcall vote—Judge Patty delayed confirmation of Judge Albert In deference to these historical cut-off dates Shwartz of New Jersey—should not Diaz of North Carolina to the Fourth and because of our conviction that the Sen- have been controversial, as seen by the Circuit for 11 months. They delayed ate has a continuing constitutional duty to confirmation of Judge Jane Stranch of act with due diligence to reduce the dan- bipartisan support she has received gerously high vacancy rate that is adversely from New Jersey’s Republican Gov- Tennessee to the Sixth Circuit for 10 affecting our federal judiciary, we exhort ernor Chris Christie. months. They delayed confirmation of you to schedule votes on these three out- Each of these circuit court nominees Judge Ray Lohier of New York to the standing circuit court nominees this month. has been rated unanimously well quali- Second Circuit for 7 months. They de- We also urge you to continue to work to- fied by the nonpartisan ABA Standing layed confirmation of Judge Scott gether to move consensus district court Committee on the Federal judiciary, Matheson of Utah to the Tenth Circuit nominees to the floor for a vote throughout the highest possible rating. These are and Judge James Wynn, Jr. of North the rest of the session, lest the vacancy cri- sis worsens in the waning months of the not controversial nominees. They are Carolina to the Fourth Circuit for 6 112th Congress. With five new vacancies aris- qualified and should be considered as months. They delayed confirmation of ing this month and an additional five an- consensus nominees and confirmed. Judge Andre Davis of Maryland to the nounced for next month, this is not just a Senate Republicans are blocking con- Fourth Circuit, Judge Henry Floyd of

VerDate Mar 15 2010 01:12 Jun 27, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.020 S26JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S4608 CONGRESSIONAL RECORD — SENATE June 26, 2012 South Carolina to the Fourth Circuit, weeks ago we needed to overcome a fil- nominees were confirmed from June 1 Judge Stephanie Thacker of West Vir- ibuster to confirm Justice Andrew to the Presidential election. In 2008, 22 ginia to the Fourth Circuit, and Judge Hurwitz of the Arizona Supreme Court nominees were confirmed between June Jacqueline Nguyen of California to the to the Ninth Circuit despite the strong 1 and the Presidential election. So far, Ninth Circuit for 5 months. They de- support of Senators JON KYL and JOHN since June 1 of this year, only 4 judges layed confirmation of Judge Adalberto MCCAIN. have been confirmed and all required Jordan of Florida to the Eleventh Cir- This year started with the Majority the majority leader to file cloture to cuit, Judge Beverly Martin of Georgia Leader having to file cloture to get an end Republican filibusters. to the Eleventh Circuit, Judge Mary up-or-down vote on Judge Adalberto In 2004, a Presidential election year, Murguia of Arizona to the Ninth Cir- Jordan of Florida to the Eleventh Cir- the Senate confirmed five circuit court cuit, Judge Bernice Donald of Ten- cuit even though he was strongly sup- nominees of a Republican President nessee to the Sixth Circuit, Judge Bar- ported by his Republican home State that had been reported by the com- bara Keenan of Virginia to the Fourth Senator. And every single one of these mittee that year. We have confirmed Circuit, Judge Thomas Vanaskie of circuit nominees for whom the Major- only two circuit court nominees that Pennsylvania to the Third Circuit, ity Leader was forced to file cloture have been reported by the committee Judge Joseph Greenaway of New Jersey this year was rated unanimously well this year, and we had to overcome Re- to the Third Circuit, Judge Denny Chin qualified by the nonpartisan ABA publican filibusters in both cases. By of New York to the Second Circuit, and Standing Committee on the Federal this date in 2004 the Senate had already Judge Chris Droney of Connecticut to Judiciary, the highest possible rating. confirmed 35 of President Bush’s cir- the Second Circuit for 4 months. They And every one of them was nominated cuit court nominees. So far, the Senate delayed confirmation of Judge Paul to fill a judicial emergency vacancy. has only been allowed to consider and Watford of California to the Ninth Cir- So when I hear some Senate Repub- confirm 30 of President Obama’s circuit cuit, Judge Andrew Hurwitz of Arizona licans say they are now invoking the court nominees—five fewer, 17 percent to the Ninth Circuit, Judge Morgan Thurmond Rule and have decided they fewer—while higher numbers of vacan- Christen of Alaska to the Ninth Cir- are not going to allow President cies remain, and yet the Senate Repub- cuit, Judge Stephen Higginson of Lou- Obama’s judicial nominees to be con- lican leadership demands an artificial isiana to the Fifth Circuit, Judge Ge- sidered, I wonder how the American shutdown on confirmation of qualified, rard Lynch of New York to the Second people are supposed to be able to tell consensus nominees for no good reason. Circuit, Judge Susan Carney of Con- the difference from how they have been The nonpartisan Congressional Re- necticut to the Second Circuit, and obstructing for the last 31⁄2 years. search Service recently released a re- Judge Kathleen O’Malley of Ohio to the Personal attacks on me, taking port confirming that judicial nominees Federal Circuit for 3 months. quotes out of context, trying to re- As a recent report from the non- package their own actions as if fol- continue to be confirmed in the Presi- partisan Congressional Research Serv- lowing the Thurmond Rule or what dential election years. The exceptions ice confirms, the median time circuit they seek to dub the Leahy rule do are when Republicans shut down the nominees have had to wait before a nothing to help the American people process because the President is a Senate vote has skyrocketed from 18 who are seeking justice in our Federal Democrat. In five of the last eight days for President Bush’s nominees to courts. I am willing to defend my Presidential election years, the Senate 132 days for President Obama’s circuit record but that is beside the point. The has confirmed at least 22 circuit and court nominees. This is the result of harm to the American people is what district court nominees after May 31. Republican foot dragging and obstruc- matters. Republicans are insisting on The notable exceptions were during the tion. In most cases, Senate Repub- being the party of no even when it last years of President Clinton’s two licans have been delaying and stalling comes to judicial nominees who home terms in 1996 and 2000 when Senate Re- for no good reason. How else do you ex- State Republican Senators support. publicans would not allow confirma- plain the filibuster of the nomination As Chairman and when I served as tions to continue. In the 1996 session, of Judge Barbara Keenan of Virginia to the ranking member of the Judiciary Senate Republicans did not allow any the Fourth Circuit who was ultimately Committee, I have worked with Senate circuit court nominees to be confirmed confirmed 99–0? And how else do you Republicans to consider judicial nomi- at all. Vacancies at the end of the Clin- explain the needless obstruction of nees well into Presidential election ton years stood at 75 at the end of 1996 Judge Denny Chin of New York to the years. I have taken steps to make the and 67 at the end of 2000. The third ex- Second Circuit, who was filibustered confirmation process more transparent ception was in 1988, at the end of Presi- for 4 months before he was confirmed and fair. I have ensured that the Presi- dent Reagan’s Presidency, when vacan- 98–0? dent consults with home State Sen- cies were at 28. According to CRS, the The only change in their practices is ators before submitting a nominee. I Senate confirmed 32 judges after May that Senate Republicans have finally have opened up what had been a secre- 31 in 1980; 28 in 1984; 31 in 1992; 28 in 2004 acknowledged that they are seeking to tive blue slip process to prevent abuses. at the end of President George W. shut down the confirmation process for All the while I have protected the Bush’s first term; and 22 after May 31 qualified and consensus circuit court rights of the minority, of Republican in 2008 at the end of President Bush’s nominees. Three of the five circuit Senators. If Republicans want to talk second term. So far since May 31 of this court judges finally confirmed this about the Leahy rules, those are the year, only 4 judges have been con- year after months of unnecessary practices I have followed. And I have firmed and all required the Majority delays and a filibuster should have been consistent. I hold hearings at the Leader to file cloture to end Repub- been confirmed last year. The other same pace and under the same proce- lican filibusters. two circuit court nominees confirmed dures whether the President nomi- In the past five Presidential election this year were both subjected to stall- nating is a Democrat or a Republican. years, Senate Democrats have never ing and partisan filibusters, which were Others cannot say that. denied an up-or-down vote to any cir- thankfully unsuccessful. And what were the results? In the cuit court nominee of a Republican The American people need to under- last two Presidential election years, we President who received bipartisan sup- stand that Senate Republicans are were able to bring the number of judi- port in the Judiciary Committee. That stalling and filibustering judicial cial vacancies down to the lowest lev- is what Senate Republicans are now nominees supported by their home els in the past 20 years. In 2004, at end seeking to do by blocking votes on Wil- State Republican Senators. Just con- of President Bush’s first term, vacan- liam Kayatta, Judge Bacharach and sider the states I have already men- cies were reduced to 28, not the 74 at Richard Taranto. In fact, during the tioned as having circuit nominees sup- which they are today. In 2008, in the last 20 years, only four circuit nomi- ported by their home State Republican last year of President Bush’s second nees reported with bipartisan support Senators unnecessarily stalled—Indi- term, we again worked to fill vacancies have been denied an up-or-down vote ana, North Carolina, Utah, South Caro- and got them down to 34, less than half during Presidential election year by lina, Georgia, and Arizona. Just 2 of what they are today. In 2004, 25 the Senate; all four were nominated by

VerDate Mar 15 2010 03:06 Jun 27, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.006 S26JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 26, 2012 CONGRESSIONAL RECORD — SENATE S4609 President Clinton and blocked by Sen- eral judges that American people need has the ‘‘support of her home State ate Republicans. While Senate Demo- to get justice in our Federal courts. A Senators, Democratic Senator BILL crats have been willing to work with comparison of judicial vacancies dur- NELSON and Republican Senator MARCO Republican Presidents to confirm cir- ing the first terms of President Bush RUBIO. Her nomination was reported cuit court nominees with bipartisan and President Obama shows a stark with near unanimous voice vote by the support, Senate Republicans have re- contrast to the way in which we moved Judiciary Committee nearly 3 months peatedly obstructed the nominees of to reduce judicial vacancies during the ago, with the only objection coming Democratic Presidents. In the previous last Republican presidency. from Senator LEE’s customary protest five Presidential election years, a total During President Bush’s first term vote. Judge Rosenbaum was rated of 13 circuit court nominees have been we reduced the number of judicial va- unanimously ‘‘well qualified’’ by the confirmed after May 31. Not surpris- cancies by almost 75 percent. When I ABA Standing Committee on the Fed- ingly, 12 of the 13 were Republican became chairman in the summer of eral judiciary, the highest possible rat- nominees. Clearly, this is a one-way 2001, there were 110 vacancies. As chair- ing. street in favor of Republican Presi- man, I worked with the administration Judge Rosenbaum is currently a dents’ nominees. and Senators from both sides of the United States Magistrate Judge in the Senate Republicans are fond of tak- aisle to confirm 100 judicial nominees district in which she has been nomi- ing quotes of things I have said out of of a conservative Republican President nated, and has served in that position context. Look at what I have done. I in 17 months. for almost 5 years. She previously have not filibustered nominees with bi- We continued when in the minority served for 9 years as a Federal pros- partisan support after May of Presi- to work with Senate Republicans and ecutor, including 5 years as a chief of dential election years. As chairman of confirm President Bush’s consensus ju- the economic crimes section. After this committee, I have steadfastly pro- dicial nominations well into 2004, a graduating from law school, she spent tected the rights of the minority. I Presidential election year. At the end four years as a trial attorney in the have done so despite criticism from of that presidential term, the Senate civil division of the U.S. Department of Democrats. I have only proceeded with had acted to confirm 205 circuit and Justice before serving as staff counsel judicial nominations supported by both district court nominees. By June 2004 in the office of the independent counsel home State Senators. That has meant we had reduced judicial vacancies to 43 for the investigation of former U.S. that we are not able to proceed on cur- on the way to 28 that August. Secretary of Commerce Ron Brown. rent nominees from Arizona, Georgia, By comparison, vacancies have long Judge Rosenbaum clerked for Judge Nevada, and Louisiana. I even stopped remained near or above 80 and while Stanley Marcus of the Eleventh Circuit proceedings on a circuit court nominee little comparative progress has been Court of Appeals. She is a terrific from Kansas when the Kansas Repub- made during the 4 years of President nominee and she has my support. lican Senators reversed themselves and Obama’s first term. As contrasted to 43 Last week, the Judiciary Committee withdrew their support for the nomi- vacancies in June 2004, there are still also voted Judge Brian Davis out of nee. I had to deny the Majority Lead- 74 vacancies in June 2012. If we could committee favorably for a judicial er’s request to push a Nevada nominee move forward to Senate votes on the 17 emergency vacancy in the Middle Dis- through Committee because she did not judicial nominees ready for final ac- trict of Florida. Judge Davis is an ex- have the support of Nevada’s Repub- tion, the Senate could reduce vacancies ceptional nominee with a distinguished lican Senator. I will put my record of below 60 and make some progress. I career in public service. He has been a consistent fairness up against that of noted last week that, compared to our State court judge for 18 years, and has any judiciary chairman and remind progress under President Bush, we were also served as a prosecutor for 9 years. Senate Republicans that it is they who 9 months later in confirming the 150th The ABA Standing Committee on the blatantly disregarded evenhanded prac- circuit or district judge to be appointed Federal judiciary has unanimously tices when they were ramming through by President Obama. Another way to rated Judge Davis well qualified to ideological nominations of President look at our relative lack of progress serve on the district court, its highest George W. Bush. They would proceed and the burden the Republican obstruc- possible rating. Judge Davis was se- with nominations despite the objection tion is placing on the American people lected based on a nonpartisan judicial of both home State Senators. seeking justice is to note that by mid- selection commission appointed by So those are the Leahy rules—respect November 2002 we had reduced judicial Senators NELSON and RUBIO, and both for and protection of minority rights, vacancies to below where we are now of the home State Senators have sup- increased transparency, consistency, with 74 vacancies. We effectively ported moving forward with consider- and allowing for confirmations well worked twice as efficiently and twice ation of this nomination. We should into Presidential election years for as fast. By that measure, the Senate is move to confirm him without delay so nominees with bipartisan support. almost 20 months behind schedule. This that he can get to work for the people Senate Republicans, on the other is hardly then the time to be shutting of Florida. hand, have repeatedly asserted that the down the process. In fact, when on No- After today’s vote, we need to con- Thurmond Rule does not exist. For ex- vember 14, 2002, the Senate proceeded tinue confirming nominees. At a time ample, on July 14, 2008, the Senate Re- to confirm 18 judicial nominees, vacan- when judicial vacancies remained his- publican caucus held a hearing and said cies went down to 60 throughout the torically high for 3 years, with 30 more that the Thurmond Rule does not exist. country. vacancies and 30 fewer confirmations At that hearing, the senior Senator This is a true comparison of similar than at this point in President Bush’s from Kentucky, the Republican leader situations. The nonpartisan Congres- first term, I would hope the Senate Re- stated: ‘‘I think it’s clear that there is sional Research Service in its recent publican leadership would reconsider no Thurmond Rule. And I think the report likewise compares the first and work with us on filling these long- facts demonstrate that.’’ Similarly, the years of Presidential administrations. standing judicial vacancies to help the Senator from Iowa, my friend who is False comparisons are to take the end American people. We have well-quali- now serving as ranking member of the of a second term of a Presidency, when fied, consensus nominees with bipar- Judiciary Committee, stated that the vacancies have already been signifi- tisan support who can fill these vacan- Thurmond rule was in his view ‘‘plain cantly reduced and to contend that cies. It is only partisan politics and bunk.’’ He said: ‘‘The reality is that confirmation numbers for that period continued tactics of obstruction that the Senate has never stopped con- can be fairly compared to the begin- stand in the way. firming judicial nominees during the ning of a Presidential term when va- Mr. GRASSLEY. Mr. President, I rise last few months of a president’s term.’’ cancies are high. in support of the nomination of Robin We did not in 2008 when we proceeded Today, the Senate will vote on the S. Rosenbaum, to be U.S. district judge to confirm 22 nominees over the second nomination of Robin Rosenbaum to fill for the Southern District of Florida. half of that year. a judicial emergency vacancy in the Although it is the practice and tradi- We remain far behind in filling the U.S. District Court for the Southern tion of the Senate to not confirm cir- judicial vacancies to provide the Fed- District of Florida. Judge Rosenbaum cuit nominees in the closing months of

VerDate Mar 15 2010 01:12 Jun 27, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.007 S26JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S4610 CONGRESSIONAL RECORD — SENATE June 26, 2012 a Presidential election year, we con- marketing fraud, health care fraud, The PRESIDING OFFICER. Are there tinue to confirm consensus district internet fraud, and computer crimes. any other Senators in the Chamber de- judge nominees. We have now con- In 2002, she became the chief of the siring to vote? firmed 151 nominees of this President Economic Crimes Section for the Cen- The result was announced—yeas 92, to the district and circuit courts. We tral Division, Fort Lauderdale, which nays 3, as follows: also have confirmed two Supreme gave her supervisory responsibilities [Rollcall Vote No. 167 Ex.] Court nominees during President over 8 to 10 other assistant U.S. attor- YEAS—92 neys. She held that title until her ap- Obama’s term. Akaka Feinstein Merkley I have heard some Members repeat- pointment as a magistrate judge in Alexander Franken Mikulski edly ask the question, ‘‘What is dif- 2007. Ayotte Gillibrand Moran ferent about this President that he has In 2007, the U.S. district judges for Barrasso Graham Murkowski the Southern District of Florida ap- Baucus Grassley Murray to be treated differently than all these Begich Hagan pointed Judge Rosenbaum to be a U.S. Nelson (NE) other Presidents?’’ I won’t speculate as Bennet Harkin Nelson (FL) to any inference that might be in- magistrate judge. As magistrate judge Bingaman Heller Portman tended by that question, but I can tell in the District of Southern District of Blumenthal Hoeven Pryor Blunt Hutchison Reed you that this President is not being Florida, she manages all aspects of the Boozman Inhofe Reid pretrial process in civil and criminal Boxer Inouye treated differently than previous Presi- Risch Brown (MA) Isakson dents. By any objective measure, this cases: conducting evidentiary hearings, Roberts Brown (OH) Johanns ruling on nondispositive motions, mak- Rubio President has been treated fairly and Burr Johnson (SD) consistent with past Senate practices. ing reports and recommendations re- Cantwell Johnson (WI) Sanders For example, with regard to the num- garding dispositive motions, and Cardin Kerry Schumer issuing criminal complaints, search Carper Klobuchar Sessions ber of confirmations, let me put that in Shaheen warrants, and arrest warrants. Casey Kohl perspective for my colleagues with an Chambliss Kyl Shelby apples-to-apples comparison. The last The ABA Standing Committee on the Coats Landrieu Snowe time the Senate confirmed two Su- Federal Judiciary unanimously rated Coburn Lautenberg Stabenow Tester preme Court nominees was during Judge Rosenbaum as ‘‘well qualified.’’ Cochran Leahy Mr. NELSON of Florida. Mr. Presi- Collins Levin Thune President Bush’s second term. And dur- Conrad Lieberman Toomey ing President Bush’s entire second dent, our Nation faces an alarming ju- Coons Lugar Udall (NM) term the Senate confirmed a total of dicial vacancy rate. I am grateful that Corker Manchin Vitter Warner only 119 district and circuit court today we will be voting to confirm U.S. Cornyn McCain Magistrate Judge Robin Rosenbaum to Crapo McCaskill Whitehouse nominees. With Ms. Rosenbaum’s con- Durbin McConnell Wicker firmation today, we will have con- fill a judicial emergency in the South- Enzi Menendez Wyden firmed 32 more district and circuit ern District of Florida for a Federal district judgeship. She earned her un- NAYS—3 nominees for President Obama than we DeMint Lee Paul did for President Bush in similar cir- dergraduate degree at Cornell, her law degree from Miami. She began her cumstances. NOT VOTING—5 During the last Presidential election legal career in the U.S. Attorney Gen- Hatch Rockefeller Webb year, 2008, the Senate confirmed a total eral’s Honors Program where she Kirk Udall (CO) of 28 judges—24 district and 4 circuit. worked as a trial attorney in the Fed- The nomination was confirmed. Today, we will exceed that number, as eral Programs Branch of the Civil Divi- The PRESIDING OFFICER. Under well. We have already confirmed 5 Cir- sion. She has worked in private prac- the previous order, the motion to re- cuit nominees, and this will be the 24th tice at Holland & Knight and as a law consider is considered made and laid district judge confirmed this year. clerk to Judge Stanley Marcus, U.S. upon the table, and the President will Those who say this President is being Circuit Court Judge for the 11th Cir- be duly notified of the Senate’s action. cuit Court of Appeals, and she has treated differently either fail to recog- f nize history or want to ignore the worked as an Assistant U.S. Attorney LEGISLATIVE SESSION facts. down in the Southern District of Flor- After graduating from the University ida. The PRESIDING OFFICER. The Sen- of Miami School of Law in 1991, Judge Our State has a great tradition of bi- ate shall resume legislative session. partisan support for our Federal judi- Rosenbaum worked as a trial attorney f for the Federal Programs Branch of the cial nominees going back a couple of Department of Justice. Her practice in- decades. Of course, through this judi- RECESS volved defending the constitutionality cial nominating commission, she has The PRESIDING OFFICER. Under of Federal statutes and agency pro- come forth with their stamp of ap- the previous order, the Senate stands grams. In September 1995, she joined proval. The two Senators from Florida in recess until 2:15 p.m. the Independent Counsel Office’s inves- agree. I am happy to recommend her to Thereupon, at 12:30 p.m., the Senate tigation of former U.S. Secretary of the Senate. recessed until 2:15 p.m. and reassem- I ask for the yeas and nays. bled when called to order by the Pre- Commerce Ronald Brown. She served The PRESIDING OFFICER. Is there a siding Officer (Mr. WEBB). as staff counsel, participating in the sufficient second? criminal investigation and providing There is a sufficient second. f advice to other team members. Upon The question is, Will the Senate ad- FOOD AND DRUG ADMINISTRATION closure of the investigation, Judge vise and consent to the nomination of Rosenbaum joined the law firm of Hol- SAFETY AND INNOVATION ACT Robin S. Rosenbaum, of Florida, to be OF 2012—Continued land & Knight LLP as an associate. U.S. District Judge for the Southern While there, from 1996 to 1997, she District of Florida. The PRESIDING OFFICER. For the worked on a variety of civil matters, The clerk will call the roll. information of the Senate, cloture hav- including Federal employment law. The assistant bill clerk called the ing been invoked on the motion to con- Judge Rosenbaum then accepted a posi- roll. cur in the House amendment to S. 3187 tion as a law clerk for Judge Stanley Mr. DURBIN. I announce that the yesterday, the motion to refer fell, Marcus on the U.S. Circuit Court of Senator from West Virginia (Mr. being inconsistent with cloture. Appeals for the Eleventh Circuit, where ROCKEFELLER), the Senator from Colo- Under the previous order, there will she worked from January to October rado (Mr. UDALL), and the Senator be 6 hours 15 minutes of debate, with 2 1998. from Virginia (Mr. WEBB) are nec- hours controlled by the Senator from After her clerkship, Judge Rosen- essarily absent. Iowa, Mr. HARKIN; 4 hours controlled baum became an assistant U.S. attor- Mr. KYL. The following Senators are by the Senator from North Carolina, ney. She specialized in criminal pros- necessarily absent: the Senator from Mr. BURR; and 15 minutes controlled by ecutions such as securities fraud, bank Utah (Mr. HATCH) and the Senator from the Senator from Kentucky, Mr. PAUL. fraud, identity theft, tax fraud, tele- Illinois (Mr. KIRK). The Senator from Iowa.

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