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Congressional Record—Senate S8340 S8340 CONGRESSIONAL RECORD — SENATE September 9, 2002 reaching the authorization of the funds Midwestern States—is that just refers CONCLUSION OF MORNING available. Certainly that authorization to farmers. I want to tell you it is BUSINESS is not totally enough to fill all the farmers, but it is also those who raise The PRESIDING OFFICER. Morning needs, but it is an improvement over livestock, cattle, and sheep. People business is closed. the past. who are in that business need to be rec- f This also gives an opportunity for ognized as well, in terms of what we do those counties to create their own fi- here to help the agricultural industry EXECUTIVE SESSION nancial structure, much of which often during the drought. We will be dealing is tourism, which, again, is costly. I with that. We will come back to it. NOMINATION OF KENNETH A. thank the committee for what they I say again I hope we can set some MARRA, OF FLORIDA, TO BE have done with respect to payments in priorities for the relatively limited UNITED STATES DISTRICT lieu of taxes to the counties. I hope we amount of time left of this Congress. I JUDGE FOR THE SOUTHERN DIS- are able to include that. Our allocation hope that we select those items that TRICT OF FLORIDA is larger than the House and we need to are timely, that need to be done. I un- bring that up so we have a satisfactory derstand when we come to the end of a The PRESIDING OFFICER. Under arrangement. session everybody has ideas of things the previous order, the hour of 1 p.m. In the West we have had 3 years of that they would liked to have happened having arrived, the Senate will proceed very low rainfall, actual drought. It is that did not happen, but we are not to executive session and proceed with very difficult. In Washington, it is nor- going to be able to do all those things. the consideration of Executive Cal- mal to have 50 inches of rain a year. In So what we have to do collectively is endar No. 889, which the clerk will re- Wyoming, it is more likely to be an av- show some leadership as to which of port. erage of 16 or 17 inches. It is a low pre- those issues should be dealt with. Then The legislative clerk read that nomi- cipitation area at best. Therefore, we we can do that. nation of Kenneth A. Marra, of Florida, irrigate. Irrigation water generally I yield the floor and suggest the ab- to be United States District Judge for comes from reservoirs, from the runoff sence of a quorum. the Southern District of Florida. of snowfall that is captured in the The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- mountains and let down during the clerk will call the roll. ator from Vermont. summer. We have had relatively slow The legislative clerk proceeded to Mr. LEAHY. Madam President, I do snowfall over the last several years and call the roll. believe that Judge Kenneth Marra will therefore our reservoirs are getting low Mr. LEAHY. Madam President, I ask be confirmed to the U.S. District Court and have been very low this year. We unanimous consent the order for the for the Southern District of Florida. I have had, certainly, a bona fide quorum call be rescinded. have heard of no opposition. This is a drought problem—not only in Wyoming The PRESIDING OFFICER (Mrs. LIN- judge who got strong bipartisan sup- but all through the area, including the COLN). Without objection, it is so or- port in the Senate Judiciary Com- Dakotas and down. There has been a dered. mittee, which usually guarantees a great deal of discussion about it. On confirmation on the floor. When that the Agriculture Committee we talked f happens, the Democratic-led Senate about that a great deal. The Agri- will confirm its 74th judicial nomina- culture Committee bill as prepared GRANDPARENTS DAY tion made by President George W. does not deal with drought. We think Bush. This will also be the 25th judicial Mr. LEAHY. Madam President, first, emergency vacancy that we have filled they will get support in the area of on a personal basis, earlier, at the crops, but it is based primarily on since I became chairman last summer, opening of the session, it was noted and the 18th since the beginning of this loans after the product is sold. If you that yesterday was Grandparents Day. did not produce a product, there is year. I send my best to all those who are The confirmation of Judge Marra will nothing there. That is why we need to grandparents. The Presiding Officer, of have disaster assistance. There will be bring additional resources to the U.S. course, is far too young to know the District Court for the Southern Dis- less spending in the Agriculture bill be- joys of that time in our lives. She does cause there will be less crops grown— trict of Florida. Judge Marra was nom- have the joy of two of the most beau- inated to fill a new position Congress with a higher price because there are tiful children anybody has seen in the less—but many farmers and ranchers created by statute to address the large Senate family. But there will be a day caseload, particularly the immigration will not produce a crop. when the other will come. The ranking We should offset some of that to the and criminal cases, facing the Federal member and I have the joy of being farm bill spending. Whether we offset court in Florida. He is one of three grandparents. it or not, the fact is there will be less Federal judicial nominations on the So I wish all grandparents the best money spent in that area than could be Senate Calendar for action. and also extend special wishes to one spent. Therefore, what we spend here I recall during the past administra- growing, shameless Leahy. could replace what was there. I hope tion, the Clinton administration, we all After that outrageous usurpation of that is the approach we take. worked very hard in cooperation with We should have some limitation on the podium, Madam President, prob- Senator GRAHAM and Senator MACK to how much we have there, but, indeed, ably, if my wife is watching, she is ensure that the Federal court in Flor- it is a big issue and it will be a $5.5 bil- probably beginning to wonder if I took ida had its vacancies filled promptly lion issue to be able to deal with the too much time off in August. with consensus nominees. Due to the losses that agriculture has suffered. bipartisan cooperation between one I hope, too, we do not simply focus on f Democrat Senator and one Republican farm crops. Again, in my State, the Senator and a Democratic President, biggest agricultural area is livestock. UNANIMOUS CONSENT the Senate was able to confirm 22 judi- Livestock people have suffered as well. AGREEMENT cial nominees from Florida, including 3 What has happened is there is no grass Mr. LEAHY. Madam President, I ask nominees to the Eleventh Circuit. But for grazing where the cattle are on pri- unanimous consent regarding the time it is unfortunate that this tradition of vate lands. In some cases where there of the chairman and the ranking mem- cooperation, coordination, and con- has been grazing allowed, in the forests ber of the Judiciary Committee that sultation has not continued with the or BLM, Federal lands, there has not was originally set to be half an hour current administration. been a sufficient amount of grass. evenly divided, that we still have that By my recollection, it was only the Ranchers have had to sell cattle be- half hour evenly divided, and the vote nomination of Judge Rosemary cause they have not had the feed and then begin after the expiration of that Barkett of the Florida Supreme Court will not have the feed this winter. time. to the Eleventh Circuit that generated When we do talk about agriculture, The PRESIDING OFFICER. Without any significant controversy or opposi- the idea often—particularly in some objection, it is so ordered. tion. I do recall that she was strongly VerDate Sep 04 2002 01:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.010 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8341 opposed by a number of Republican I mention this because there seems confirmation in the first 15 months. Senators because they did not agree to be some idea that somehow the Under George H. W. Bush, there were with her judicial philosophy. Those Democratic-led Senate is holding up 23; for the first 15 months of President voting against her included Senators judges. I think most of the Presidents Clinton, 45. Incidentally, that is with a HATCH, GRASSLEY, MCCONNELL, SPEC- with whom I have served would have Senate under the control of his own TER, and THURMOND, as well as Sen- been delighted to have had a Senate as party. And now, in 15 months, under ators LOTT, NICKLES, and HUTCHISON of cooperative as we have been. President George W. Bush, we have had Texas. They have an absolute right to Let me repeat that. In 15 months, 74 judicial confirmations—74. By any do that, of course. I respect that right. Democrats have done more on judicial standard you want, here is a case where Judge Barkett received the highest rat- confirmations than Republicans did in a different party than the President ing of the ABA, ‘‘well qualified,’’ and 30 months.
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