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Confirmation Hearings on Federal Appointments S. HRG. 113–515, Pt. 2 CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS HEARINGS BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION APRIL 10, APRIL 24, AND MAY 8, 2013 Serial No. J–113–1 PART 2 Printed for the use of the Committee on the Judiciary ( CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS S. HRG. 113–515, Pt. 2 CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS HEARINGS BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION APRIL 10, APRIL 24, AND MAY 8, 2013 Serial No. J–113–1 PART 2 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PUBLISHING OFFICE 93–801 WASHINGTON : 2015 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman DIANNE FEINSTEIN, California CHUCK GRASSLEY, Iowa, Ranking Member CHUCK SCHUMER, New York ORRIN G. HATCH, Utah DICK DURBIN, Illinois JEFF SESSIONS, Alabama SHELDON WHITEHOUSE, Rhode Island LINDSEY GRAHAM, South Carolina AMY KLOBUCHAR, Minnesota JOHN CORNYN, Texas AL FRANKEN, Minnesota MICHAEL S. LEE, Utah CHRISTOPHER A. COONS, Delaware TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut JEFF FLAKE, Arizona MAZIE HIRONO, Hawaii BRUCE A. COHEN, Chief Counsel and Staff Director KOLAN DAVIS, Republican Chief Staff Director (II) C O N T E N T S WEDNESDAY, APRIL 10, 2013 STATEMENTS OF COMMITTEE MEMBERS Page Coons, Hon. Christopher A., a United States Senator from the State of Dela- ware ....................................................................................................................... 1 Leahy, Hon. Patrick J., a United States Senator from the State of Vermont .... 2 prepared statement .......................................................................................... 108 Grassley, Hon. Chuck, a United States Senator from the State of Iowa ............ 6 PRESENTERS Warner, Hon. Mark R., a United States Senator from the State of Virginia presenting Srikanth Srinivasan, Nominee to be Circuit Judge for the Dis- trict of Columbia Circuit ...................................................................................... 3 Kaine, Hon. Tim, a United States Senator from the State of Virginia pre- senting Srikanth Srinivasan, Nominee to be Circuit Judge for the District of Columbia Circuit .............................................................................................. 4 STATEMENT OF THE NOMINEES Srinivasan, Srikanth, Nominee to be Circuit Judge for the District of Colum- bia Circuit ............................................................................................................. 10 Questionnaire .................................................................................................... 12 QUESTIONS Questions for Srikanth Srinivasan submitted by Senator Cruz .......................... 109 Questions for Srikanth Srinivasan submitted by Senator Grassley ................... 110 Questions for Srikanth Srinivasan submitted by Senator Klobuchar ................. 116 ANSWERS Responses of Srikanth Srinivasan to questions submitted by Senator Cruz ...... 117 Responses of Srikanth Srinivasan to questions submitted by Senator Grass- ley .......................................................................................................................... 120 Responses of Srikanth Srinivasan to questions submitted by Senator Klobuchar .............................................................................................................. 136 MISCELLANEOUS SUBMISSIONS FOR THE RECORD Former Solicitors General or Principal Deputy Solicitors General of the United States, April 1, 2013, letter .................................................................... 138 Bagenstos, Samuel R.; J. Scott Ballenger; Rachel E. Barkow; Anthony J. Bellia, Jr.; Paul Schiff Berman; Stephanos Bibas; Elizabeth Cavenagh; Thomas Colby; Laura A. Dickinson; David Friedman; Lisa Kern Griffin; Deborah Hamilton; Rachel A. Harmon; Sarah O. Jorgensen; John P. Kelsh; Jeremy Maltby; Matthew Martens; Gillian E. Metzger; Charles C. Moore; Carl Nichols; John B. Owens; Mary-Rose Papandrea; Benjamin A. Powell; Theodore Ruger; Silvija A. Strikis; Harry P. Susman; John F. Wood; Chris- topher Yoo, April 4, 2013, letter ......................................................................... 140 North American South Asian Bar Association (NASABA), Emilie R. Ninan, Esq., President, April 5, 2013, letter .................................................................. 145 Women’s Bar Association of the District of Columbia, Laura Possessky, Presi- dent, April 17, 2013, letter .................................................................................. 147 (III) IV Page Constitutional Accountability Center, Washington, DC, Douglas T. Kendall, President, and Judith E. Schaeffer, Vice President, April 11, 2013, letter ..... 150 Hispanic National Bar Association (HNBA), Peter M. Reyes, Jr., President, April 8, 2013, letter .............................................................................................. 152 Hispanic National Bar Association (HNBA), Peter M. Reyes, Jr., President, September 27, 2012, email .................................................................................. 154 National Asian Pacific American Bar Association, April 10, 2013, statement ... 156 WEDNESDAY, APRIL 24, 2013 STATEMENTS OF COMMITTEE MEMBERS Hirono, Hon. Mazie, a U.S. Senator from the State of Hawaii ............................ 160 Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa ............................ 279 prepared statement .......................................................................................... 289 PRESENTERS Reid, Hon. Harry, a U.S. Senator from the State of Nevada presenting Jen- nifer A. Dorsey, Nominee to be U.S. District Judge for the District of Nevada .................................................................................................................. 160 Hirono, Hon. Mazie, a U.S. Senator from the State of Hawaii presenting Raymond T. Chen, Nominee to be U.S. Circuit Judge for fhe Federal Cir- cuit ......................................................................................................................... 161 STATEMENT OF THE NOMINEES Dorsey, Jennifer A., Nominee to be U.S. District Judge for the District of Nevada .................................................................................................................. 162 Questionnaire .................................................................................................... 164 Chen, Raymond T., Nominee to be Circuit Judge for the Federal Circuit .......... 238 Questionnaire .................................................................................................... 239 QUESTIONS Questions for Raymond T. Chen submitted by Senator Cruz .............................. 293 Questions for Jennifer A. Dorsey submitted by Senator Cruz ............................. 294 Questions for Raymond T. Chen submitted by Senator Grassley ....................... 295 Questions for Jennifer A. Dorsey submitted by Senator Grassley ...................... 298 Questions for Raymond T. Chen submitted by Senator Klobuchar ..................... 302 Questions for Jennifer A. Dorsey submitted by Senator Klobuchar .................... 303 Questions for Jennifer A. Dorsey submitted by Senator Lee ............................... 304 ANSWERS Responses of Raymond T. Chen to questions submitted by Senator Cruz ......... 307 Responses of Raymond T. Chen to questions submitted by Senator Grassley ... 310 Responses of Raymond T. Chen to questions submitted by Senator Klobuchar 316 Responses of Jennifer A. Dorsey to questions submitted by Senator Cruz ........ 317 Responses of Jennifer A. Dorsey to questions submitted by Senator Grassley .. 320 Responses of Jennifer A. Dorsey to questions submitted by Senator Klobuchar .............................................................................................................. 330 MISCELLANEOUS SUBMISSIONS FOR THE RECORD National Asian Pacific American Bar Association, April 24, 2013, statement ... 331 The Federal Circuit Bar Association, Terence P. Stewart, President, Wash- ington, DC: Raymond T. Chen, April 19, 2013, letter ....................................... 334 Nancy J. Linck, Solicitor, USPTO (1994–1998) and John M. Whealan, Solic- itor, USPTO (2001–2008), April 19, 2013, letter ............................................... 335 David J. Kappos, New York, New York: Raymond T. Chen, April 19, 2013, letter ...................................................................................................................... 337 Knobbe Martens Olson and Bear LLP Intellectual Property Law, Steven J. Nataupsky: Raymond T. Chen, April 19, 2013, letter .................................. 339 General Counsel of the United States Department of Commerce, Cameron F. Kerry, Washington, DC: Raymond T. Chen, April 22, 2013, letter ............. 341 V Page American Bar Association, Washington, D.C., Judy Perry Martinez, Chair: Raymond T. Chen, February 11, 2013, letter .................................................... 343 American Bar Association, Washington, D.C., Judy Perry Martinez, Chair: Jennifer A. Dorsey, September 20, 2012, letter ................................................
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