December 5, 2011 CONGRESSIONAL RECORD — SENATE S8167 EXECUTIVE SESSION ported by the Judiciary Committee on publican leadership at the end of last September 15 without opposition from year to refuse to agree to votes on a single member of the Committee, those nominations. That decision stood NOMINATION OF EDGARDO RAMOS Democratic or Republican. Mr. in stark contrast to the practice fol- TO BE UNITED STATES DISTRICT Furman, an experienced Federal pros- lowed by the Democratic majority in JUDGE FOR THE SOUTHERN DIS- ecutor who served as Counselor to At- the Senate during President Bush’s TRICT OF NEW YORK torney General Michael Mukasey for first two years. Last year, Senate Re- two years during the Bush Administra- publicans refused to use the same tion, is a nominee with an impressive standards for considering President NOMINATION OF ANDREW L. CAR- background and bipartisan support. Obama’s judicial nominees as we did TER, JR., TO BE UNITED STATES There is no reason or explanation for when the Senate gave up or down votes DISTRICT JUDGE FOR THE why the Senate could not also consider to all 100 of President Bush’s judicial SOUTHERN DISTRICT OF NEW his nomination today. nominations reported by the Com- YORK There is also no reason or expla- mittee in his first two years. All 100 nation why Republican leadership will were confirmed before the end of the not consent to consider the other 20 ju- 107th Congress, including two con- NOMINATION OF JAMES RODNEY dicial nominations waiting for final troversial circuit court nominations GILSTRAP TO BE UNITED Senate action, all but four of which reported and then confirmed during the STATES DISTRICT JUDGE FOR were reported by the Committee with- lame duck session in 2002. The Senate THE EASTERN DISTRICT OF out any opposition, all but two of them last year should not have been forced TEXAS with significant bipartisan support. to adjourn with 19 judicial nominations Senator GRASSLEY and I have worked still on the Senate calendar. together to ensure that each of the 25 With vacancies continuing at harm- NOMINATION OF DANA L. nominations now on the Senate Cal- fully high levels, we cannot afford to CHRISTENSEN TO BE UNITED endar was fully considered by the Judi- repeat these unnecessary and damaging STATES DISTRICT JUDGE FOR ciary Committee after a thorough, fair delays. There is no reason we cannot THE DISTRICT OF MONTANA process, including completing our ex- make significant progress this month The PRESIDING OFFICER. Under tensive questionnaire and questioning and consider all of the consensus nomi- the previous order, the Senate will pro- at a hearing. Before each of these nations now pending on the Senate cal- ceed to executive session to consider nominees was selected by the Presi- endar. That is what we did at the end the following nominations, which the dent, the White House worked with the of President Reagan’s third year in of- clerk will report. nominees’ home state Senators who fice and President George H.W. Bush’s The bill clerk read the nominations support them, the FBI completed an third year in office, when no judicial extensive background review, and each of Edgardo Ramos, of Connecticut, to nominations were left pending on the nominee was peer reviewed by the be United States District Judge for the Senate Calendar. That is what we did American Bar Association’s Standing Southern District of New York; An- at the end of the 1995 session, President Committee on the Federal Judiciary. drew L. Carter, Jr., of New York, to be Clinton’s third year in office, when When the nominations have been favor- United States District Judge for the only a single nomination was left pend- ably reported by the Judiciary Com- Southern District of New York; James ing on the Senate calendar. That is mittee after this extensive and thor- Rodney Gilstrap, of Texas, to be United also what we did at the end of Presi- ough process, there is no reason for States District Judge for the Eastern dent George W. Bush’s third year, when months and months of further delay District of Texas; and Dana L. seven of the nine judicial nominations before they can start serving the Amer- Christensen, of Montana, to be United left on the calendar by the Senate’s Re- States District Judge for the District ican people. It is now December 5, with only publican majority were among Presi- of Montana. weeks left in the Senate’s 2011 session. dent Bush’s most extreme ideological The PRESIDING OFFICER. Under I am concerned that we are not able to picks and had previously been debated the previous order, there will be 1 hour move more quickly at a time when we extensively by the Senate. The stand- of debate equally divided in the usual continue to hear from chief judges ard has been that noncontroversial ju- form. around the country about the overbur- dicial nominees reported by the Judici- The Senator from Vermont. dened courts in their districts and cir- ary Committee get Senate action be- Mr. LEAHY. Today the Senate will cuits. We need to consider at least fore the end of the year. That is the finally consider nominations to fill eight judges every week in order to standard we should follow this year. four vacancies on Federal district begin to catch up and erase the backlog We remain well behind the pace set courts, all of which were reported by that has developed from the delays in by the Senate during President Bush’s the Judiciary Committee unanimously the consideration of consensus nomi- first term. By the end of his first term, in September and early October. All nees caused by the Senate Republican the Senate had confirmed 205 district four nominees Edgardo Ramos and An- leadership. and circuit nominees, and had already drew Carter, nominated to the South- We should not repeat the mistakes of confirmed 167 by this point in his third ern District of New York, James Rod- last year, when the Senate Republican year. So far, the Senate has confirmed ney Gilstrap, nominated to fill a judi- leadership refused to consent to con- only 119 of President Obama’s district cial emergency vacancy in the Eastern sider 19 judicial nominations reported and circuit nominees. Senate action District of Texas, and Dana by the Judiciary Committee, an exer- before adjournment on all 25 judicial Christensen, nominated to the District cise in unnecessary delay I believe to nominations that are before the Senate of Montana are superbly qualified be without precedent with respect to today would go a long way to help re- nominees with the strong support of such consensus nominees. It took us solve the longstanding judicial vacan- their home state Senators. It should until June of this year, halfway into cies that are delaying justice for so not have taken three months or more 2011, to consider and confirm 17 of many Americans in our Federal courts for the Senate to vote on their nomina- these nominations that could and across the country. tions. should have been considered before the The 100 circuit and district court I thank the Majority Leader for se- end of 2010. Before we adjourn this nominations we confirmed in President curing a vote on these nominations, year, there is certainly no reason the Bush’s first two years leading to a va- but I am disappointed that the Senate Senate cannot at least consider the 17 cancy total of 60 at the beginning of his Republican leadership would not agree judicial nominations reported unani- third year is almost a complete reverse to a vote on the nomination of Jesse mously by the Committee this session, of the 60 the Senate was allowed to Furman to fill a third vacancy on the who are by any measure consensus confirm in President Obama’s first two Southern District of New York. Like nominees. years, leading to nearly 100 vacancies Edgardo Ramos, Andrew Carter and I hope that we do not see a repeat of at the start of 2011. Yet, even following James Gilstrap, his nomination was re- the damaging decision by Senate Re- those years of real progress, in 2003 we

VerDate Mar 15 2010 10:41 Dec 06, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G05DE6.019 S05DEPT1 smartinez on DSK7SPTVN1PROD with SENATE S8168 CONGRESSIONAL RECORD — SENATE December 5, 2011 proceeded to confirm more judicial Dana Christensen is nominated to fill debate, they deserve a simple up-or- nominations than there were vacancies a vacancy on the District Court for the down vote. . . . It’s time to move away at the start of that year, and reduced District of Montana. Mr. Christensen from advise and obstruct and get back vacancies even further, down to 5 per- has spent his 34-year legal career in to advise and consent. The stakes are cent, half of where they stand today. private practice and is currently the high. . . . The Constitution of the Chief Justice Roberts, the Attorney president of the law firm of United States is at stake.’’ General and the White House counsel Christensen, Moore, Cockrell, Cum- Many Republican Senators declared have all spoken about the serious prob- mings & Axelberg, P.C. in Kalispell, that they would never support the fili- lems created by persistent judicial va- Montana. The ABA Standing Com- buster of a judicial nomination—never. cancies. More than half of all Ameri- mittee on the Federal Judiciary unani- Yet, only a few years later, Senate Re- cans over 167 million live in districts or mously rated Mr. Christensen ‘‘well publicans reversed course and filibus- circuits that have a judicial vacancy qualified’’ to serve, its highest possible tered President Obama’s very first ju- that could be filled today if Senate Re- rating. His nomination has the support dicial nomination, that of Judge David publicans just agreed to vote on the of both his home state Senators, Sen- Hamilton of Indiana. nominations now pending on the Sen- ator BAUCUS and Senator TESTER, and David Hamilton was a widely re- ate calendar. As many as 23 states are was reported by the Judiciary Com- spected 15-year veteran of the Federal served by Federal courts with vacan- mittee by voice vote with no dissent on bench. President Obama nominated cies that would be filled by these nomi- October 6. Judge Hamilton in March 2009, after nations. Millions of Americans across I hope the Senate can build on to- consultation with the most senior and the country are harmed by delays in day’s progress to fulfill its constitu- longest-serving Republican in the Sen- overburdened courts. The Republican tional duty and ensure the ability of ate, Senator DICK LUGAR of Indiana, leadership should consent to vote on our Federal courts to provide justice to who strongly supported the nomina- the qualified, consensus candidates Americans around the country. tion. Rather than welcome the nomina- tion as an attempt by President Obama nominated to fill these extended judi- NOMINATION OF CAITLIN HALLIGAN to step away from the ideological bat- cial vacancies before we adjourn for Tomorrow the Senate should be hold- tles of the past, some Senate Repub- the year and not unnecessarily delay ing an up-or-down vote on the long-de- licans ignored Senator LUGAR’s sup- their consideration until next spring. layed nomination of Caitlin Halligan The four nominees we consider today port, caricatured Judge Hamilton’s to fill one of three vacancies on the will all be confirmed, I expect, with record and filibustered his nomination. Court of Appeals for the D.C. Circuit. significant bipartisan support. Edgardo After the Senate rejected that fili- Instead, for the seventh time since Ramos is nominated to fill a vacancy buster, Judge Hamilton was confirmed. President Obama took office 34 months on the District Court for the Southern The partisan delays and opposition to District of New York. Since 2002, Mr. ago, we are required to overcome a Re- President Obama’s judicial nomina- Ramos has been in private practice publican filibuster for the Senate to tions have continued since. Senate Re- after serving for ten years as an Assist- consider one of President Obama’s su- publicans have required cloture mo- ant U.S. Attorney in the Eastern Dis- perbly qualified judicial nominees. tions to be filed on judicial nomina- Ms. Halligan, President Obama’s first trict of New York, where he was pro- tions that ultimately won unanimous moted to Deputy Chief of the Narcotics nominee to the important D.C. Circuit, support from the Senate. Earlier this Section. The ABA’s Standing Com- is the former Solicitor General for the year they filibustered the nomination mittee on the Federal Judiciary unani- State of New York. With an impressive of Professor Goodwin Liu of California, mously rated him ‘‘well qualified’’ to record in private practice and public who was supported by both his home serve, its highest possible rating. The service, she is widely respected for the state Senators to fill a judicial emer- nomination of Mr. Ramos has the quality of her work as an advocate. In- gency vacancy on the Ninth Circuit. strong support of both his home state deed, Ms. Halligan’s nomination was That successful filibuster of a brilliant Senators, Senator SCHUMER and Sen- greeted with bipartisan support and lawyer and a good man prevented the ator GILLIBRAND, and was reported by has since garnered endorsements from Senate from having an up-or-down vote the Judiciary Committee by voice vote law enforcement officials and organiza- on his nomination and prevented an with no dissent on September 15. tions, women’s organizations, law outstanding nominee from serving the The nomination of Judge Andrew school deans and professors, judges and American people on the Federal bench. Carter to fill a vacancy on the District preeminent lawyers from across the po- They attempted to justify that fili- Court for the Southern District of New litical spectrum. The Judiciary Com- buster on ideological grounds. There is York also has the strong support of the mittee favorably reported Ms. no such justification here, in connec- New York Senators and was also re- Halligan’s nomination nearly nine tion with the nomination of Caitlin ported unanimously by voice vote on months ago. Halligan who is a mainstream lawyer September 15. Since 2009, Judge Carter By any traditional standard, she is and public servant from New York. has been a Magistrate Judge for the the kind of superbly qualified nominee Senate Republican leadership took the Eastern District of New York. Prior to who should easily have been confirmed virtually unprecedented step this year joining the bench, Judge Carter served by the Senate months ago with the of requiring cloture to be filed on a dis- for 13 years as a public defender in New support of both Republicans and Demo- trict court nomination. That effort to York state and Federal and spent two crats. I am disappointed that yet again ratchet up the judge wars was rejected years at the Ford Foundation as a Pro- instead of seeing bipartisan coopera- when 11 Republican Senators joined to gram Assistant in its Rights and Social tion we are required to seek cloture. ensure an up-or-down vote on the nom- Justice Program. From the beginning of the Obama ad- ination of Jack McConnell to the Dis- James Rodney Gilstrap is nominated ministration, we have seen some Sen- trict of Rhode Island. to fill a vacancy on the District Court ate Republicans shift significantly With their latest filibuster, the Sen- for the Eastern District of Texas deter- away from the standards they used to ate Republican leadership seeks to set mined by the Administrative Office of apply to the judicial nominations of a yet another new standard, one that the U.S. Courts to be a judicial emer- Republican President. During the ad- threatens to make confirmation of any gency vacancy. His nomination has the ministration of the last President, a nominee to the D.C. Circuit virtually support of both his Republican home Republican, Republican Senators in- impossible for the future. Caitlin state Senators, Senator CORNYN and sisted that filibusters of judicial nomi- Halligan is well-qualified nominee with Senator HUTCHISON. For 27 years Mr. nees were unconstitutional. They a mainstream record as a brilliant ad- Gilstrap has been a partner at the law threatened the ‘‘nuclear option’’ in 2005 vocate on behalf of the State of New firm of Smith & Gilstrap in Marshall, to guarantee up-or-down votes for each York and in private practice. I have re- Texas. He has also served as a part- of President Bush’s judicial nomina- viewed her record carefully in the time County Judge for Harrison Coun- tions. Senator MCCONNELL, then the course the Judiciary Committee’s thor- ty, Texas. His nomination was reported Republican whip, said: ‘‘Any Presi- ough process, including her response to unanimously by the Judiciary Com- dent’s judicial nominees should receive our extensive questionnaire and her an- mittee by voice vote on September 15. careful consideration. But after that swers to questions at her hearing and

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She is well re- This is not a closed minded ideologue. the rule of law throughout her career. spected and highly regarded as a leader of Caitlin Halligan is an outstanding law- We should encourage nominees with the profession. Caitlin has an ideal judicial temperament. She brings reason, insight and yer who will be an outstanding judge. the qualities of Ms. Halligan to engage Ms. Halligan’s nomination has re- in public service and we should wel- judgment to all matters. Even those of us who have been on the opposite sides of ceived support from numerous women’s come them on the Federal bench, not Caitlin in litigation have been greatly im- law enforcement, business, and legal denigrate them. Concocted controver- pressed with her ability and character. We organizations, including the New York sies and a blatant misreading of Ms. have no doubt she would serve with distinc- Women in Law Enforcement, the Na- Halligan’s record as an advocate are no tion and fairness.’’ tional Center for Women and Policing, reason to obstruct this outstanding When Ms. Halligan was nominated, the National Conference of Women’s nomination. Carter Philips, a preeminent Supreme Bar Associations, and the Women’s Bar We must reject these misguided argu- Court advocate who served as Assistant Association of the District of Colum- ments. This filibuster against this to the Solicitor General during the bia. The U.S. Women’s Chamber of qualified woman will set a standard Reagan administration, described her Commerce asked the Senate to confirm that could not be met by judicial nomi- as ‘‘one of those extremely smart, Ms. Halligan, describing her as ‘‘excep- nees of Presidents of either party. I thoughtful, measured and effective ad- tionally well-qualified’’ with ‘‘out- trust that, as with the nomination of vocates’’ and concluded that she ‘‘will standing legal credentials and legal ex- Jack McConnell, sensible Republican be a first-rate judge.’’ Judge Albert perience that is both broad and deep.’’ Senators will, again, join in preventing Rosenblatt, who was appointed to serve The National Conference of Women’s such an outcome. It is time to edge on New York’s highest court by former Bar Associations, which supports Ms. away from this dangerous precipice. Republican Governor George Pataki, Halligan because her ‘‘broad experi- When Democratic Senators cooper- wrote in praise of Ms. Halligan’s work ated to confirm John Roberts to the ence, public service and intellect make as New York’s Solicitor General, con- her well suited to the federal appellate D.C. Circuit in 2003, it broke the stale- cluding that ‘‘her sense of fairness and mate created by the Republicans re- bench,’’ also notes that ‘‘her appoint- balance is among the best—if not the ment would add much needed diversity fusal for years to even consider Presi- best—that I have ever seen in my 34 dent Clinton’s nominees to that Court. to the federal court, where only three years as a judge and a prosecutor.’’ women are among the active judges on Like John Roberts, Caitlin Halligan is This is not a nomination that should a highly regarded appellate advocate the DC Circuit.’’ More than 100 women be filibustered. To do so will set a de- with the kind of impeccable credentials who are deans and professors at top law structive standard that no one will be in both public service and private prac- schools throughout the country strong- able to meet. If someone of Caitlin tice that make her unquestionably ly support the nomination because Halligan’s outstanding credentials, qualified to serve on the D.C. Circuit. ‘‘Ms. Halligan has won accolades for character and experience cannot be She should be confirmed, not unjusti- her judgment, legal acumen, and exper- confirmed, no one can be. tise in appellate litigation,’’ and be- fiably filibustered. The nomination of Ms. Halligan has Ms. Halligan served for nearly six cause her ‘‘legal credentials, experi- likewise received significant support years as Solicitor General of New York ence and accomplishments make her from law enforcement officials and or- and has been a leading appellate lawyer exceptionally well-qualified to serve’’ ganizations. The National District At- in private practice. She is currently on the D.C. Circuit. They also echo the General Counsel at the New York torneys Association has called Caitlin need for bringing gender diversity to County District Attorney’s Office, an Halligan’s background ‘‘impressive,’’ this critical court, noting that, office that investigates and prosecutes stating that she ‘‘would be an out- ‘‘women have been historically under- 100,000 criminal cases annually in Man- standing addition’’ to the D.C. Circuit. represented on this court, as only five hattan. Ms. Halligan has served as District Attorneys from the State of of the fifty-seven judges to serve there counsel of record in nearly 50 matters New York, including Republicans have been women.’’ This outstanding before the U.S. Supreme Court, arguing Derek Champagne, Daniel Donovan, nominee is a leader and role model five cases before that court and many Jr., William Fitzpatrick, James Reams whose career should not be short- cases before Federal and state appel- and Scott Burns, support her nomina- circuited by petty partisanship. late courts. Just as John Roberts had tion, as do the New York Association I ask unanimous consent that some served in government and clerked for of Chiefs of Police and the New York of these letters of support be printed in the Supreme Court, she clerked for Su- State Sheriff’s Association. New York the RECORD at the conclusion of my re- preme Court Justice Stephen Breyer. City Police Commissioner Raymond marks. She also clerked for Judge Patricia Kelly has said that Ms. Halligan has EXHIBIT 1 Wald on the D.C. Circuit, the court to the ‘‘three qualities important for a MARCH 4, 2011. which she has been nominated. The nominee: intelligence, a judicial tem- Hon. PATRICK J. LEAHY, American Bar Association’s Standing perament, and personal integrity.’’ Chairman, Senate Judiciary Committee, Dirksen Committee on the Federal Judiciary, Legendary New York County District Senate Office Building, Washington, DC. which Republican Senators often cite, Attorney Robert Morgenthau, endors- Hon. CHARLES E. GRASSLEY, unanimously rated Ms. Halligan ‘‘Well- ing her nomination in the ‘‘strongest of Ranking Member, Senate Judiciary Committee, Dirksen Senate Office Building, Wash- Qualified’’ to serve on the D.C. Circuit. terms,’’ described Ms. Halligan as ‘‘qualified in terms of intellect, ability ington, DC. That is the highest rating that can be DEAR CHAIRMAN LEAHY AND SENATOR received from its non-partisan peer re- and temperament.’’ This is not some- GRASSLEY: We write in enthusiastic support view. one to be filibustered and blocked from of the nomination of Caitlin Halligan to be a The letters of support we have re- serving as a Federal judge. judge on the United States Court of Appeals ceived for Ms. Halligan’s nomination More than 20 former United States for the District of Columbia Circuit. We are from a broad range of people and orga- Supreme Court clerks, including clerks lawyers who have worked with Caitlin in nizations is a testament both to her ex- who worked for conservative Justices various capacities. We believe that Caitlin is ceptional qualifications to serve and to such as former Chief Justice an outstanding selection for the D.C. Circuit. Rehnquist, Justice Scalia and Justice She is a first-rate lawyer and advocate. She the fact that this should be a consensus is well respected and highly regarded as a nomination, not a source of con- Kennedy, wrote that they ‘‘retain a dis- leader of the profession. Caitlin also has an troversy and contention. tinct appreciation of Caitlin’s sharp in- ideal judicial temperament. She brings rea- Twenty-one prominent appellate ad- telligence and her ability to cooperate son, insight and judgment to all matters. vocates from across the political spec- with others in resolving difficult legal Even those of us who have been on opposite

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sides of Caitlin in litigation have been great- NATIONAL DISTRICT pellate judge, and I highly recommend her ly impressed with her ability and character. ATTORNEYS ASSOCIATION, for such a position. We have no doubt that she would serve with Alexandria, VA, June 2, 2011. Sincerely, distinction and fairness. Hon. PATRICK J. LEAHY, RAYMOND W. KELLY, Sincerely yours, Chairman, Senate Committee on the Judiciary, Police Commissioner. Clifford M. Sloan, Skadden, Arps, Slate, Dirksen Senate Office Building, Wash- ington, DC. Meagher & Flom LLP; Sri Srinivasan, WACHTELL, LIPTON, ROSEN & KATZ, Hon. CHARLES E. GRASSLEY, O’Melveny & Myers LLP; Miguel A. New York, NY, March 23, 2011. Ranking Member, Senate Committee on the Ju- Estrada, Gibson, Dunn & Crutcher Hon. PATRICK J. LEAHY, diciary, Dirksen Senate Office Building LLP; Carter G. Phillips, Sidley Austin Chairman, Senate Judiciary Committee, Dirksen Washington, DC. LLP; Seth P. Waxman, WilmerHale; Senate Office Building, Washington, DC. DEAR CHAIRMAN LEAHY AND RANKING MEM- Walter Dellinger, O’Melveny & Myers DEAR CHAIRMAN LEAHY AND SENATOR BER GRASSLEY: On behalf of the National Dis- LLP; David C. Frederick, Kellogg, GRASSLEY: I write this letter in support of Huber, Hansen, Todd, Evans & Figel, trict Attorneys Association, the oldest and largest organization representing over 39,000 the nomination of Caitlin Halligan to the P.L.L.C.; Andrew J. Levander, Dechert of America’s state and local prosecutors, we United States Court of Appeals for the Dis- LLP; Richard J. Davis, Weil, Gotshal & would like to offer our full support for the trict of Columbia Circuit. I have known Manges LLP; Michele Hirshman, Paul, nomination of Caitlin J. Halligan for the po- Caitlin personally a short time, but her rep- Weiss, Rifkind, Wharton & Garrison sition of United States Circuit Judge for the utation for even-handedness and excellence LLP; Dietrich L. Snell, Proskauer Rose District of Columbia. LLP; Paul M. Smith. Jenner & Block as an attorney are well-known in New York’s Ms. Halligan has an impressive background LLP; Patricia Ann Millett, Akin Gump legal community. which developed her into an extremely im- Strauss Hauer & Feld LLP; Kathleen I will not belabor her exemplary record as pressive and qualified candidate to serve as M. Sullivan, Quinn Emanuel Urquhart an U.S. Circuit Judge. Ms. Halligan cur- an attorney: Georgeton Law Review, clerk to & Sullivan, LLP, Stanford Law School; rently serves as General Counsel of the New Justice Patricia Wald of the D.C: Circuit, to Thomas W. Brunner, Wiley Rein LLP; York County District Attorney’s Office, Justice Stephen Breyer of the United States Meir Feder, Jones Day; Evan M. Tager, where she helps to supervise more than 500 :Supreme Court, adjunct faculty member of Mayer Brown LLP; Philip K. Howard, lawyers handling a wide range of criminal in- Columbia University Law School and Covington & Burling LLP; Ira M. vestigations and prosecutions. Prior to join- Georgetown University Law Center, Solic- Millstein, Weil, Gotshal & Manges ing the District Attorney’s Office in 2010, Ms. itor General of the State of New York, Part- LLP; Roy L. Reardon, Simpson Halligan was a partner and head of the appel- ner and Head of Appellate Practice Group at Thacher & Bartlett LLP; Michael H. late practice at Weil, Gotshal & Manges, the firm Weil, Gotshal & Manges LLP, and Gottesman, Georgetown University LLP, a leading New York law firm. From Oc- most recently, General Counsel to the Dis- Law Center. tober 2001 until January 2007, Ms. Halligan served as the Solicitor General of New York trict Attorney of New York County. Cer- State, where she represented the State in the tainly this is a resume and career that is MCCABE & MACK LLP, federal and state appellate courts and headed grounded solidly in the law, and I submit ATTORNEYS AT LAW, an office of 45 appellate attorneys. that her legal qualifications are beyond Poughkeepsie, NY, December 1, 2011. question. Hon. PATRICK J. LEAHY, The National District Attorneys Associa- Chairman, Senate Judiciary Committee, Dirksen tion believes that Ms. Halligan would be an More recently, I have worked with Caitlin Senate Office Building, Washington, DC. outstanding addition to the United States in her capacity as General Counsel to my Hon. CHARLES E. GRASSLEY, Circuit Court for the District of Columbia. former office. Ske is well-known and well-re- Ranking Member, Senate Judiciary Committee, We are happy to offer our full support for Ms. garded as a lawyer’s lawyer. She follows the Halligan’s nomination and encourage her Dirksen Senate Office Building, Wash- law and holds herself to the highest ethical ington, DC. swift confirmation by the Senate. Sincerely, standards. She is as intellectually honest as DEAR CHAIRMAN LEAHY AND SENATOR JAMES REAMS, she is tough—she does not take short cuts GRASSLEY: I am a retired member of New President. and she does not pull her punches; both nec- York’s highest court, the Court of Appeals, a SCOTT BURNS, essary attributes for her to be effective in position to which I was appointed by Gov- Executive Director. her current position. ernor George Pataki. Caitlin Halligan ap- At the Manhattan District Attorney’s Of- peared frequently before me on behalf of the THE POLICE COMMISSIONER, fice, she handles some of the toughest issues State of New York in her capacity as Solic- New York, NY, May 26, 2011. that a lawyer has to address; issues that go itor General. The quality of her work was ex- Hon. PATRICK J. LEAHY, to the core of law enforcement authority; emplary and serves as a model of how to deal Chairman, Senate Judiciary Committee, Dirksen issues that involve claims of wrongful con- with important issues. Her sense of fairness Senate Office Building, Washington, DC. viction and the use of prosecutorial discre- Hon. CHARLES E. GRASSLEY, and balance is among the best—if not the tion. I can speak from experience to tell you Ranking Member, Senate Judiciary Committee, best—that I have ever seen in my 34 years as that these are weighty issues that can keep a judge and as a prosecutor before that. In Dirksen Senate Office Building, Wash- ington, DC. any lawyer awake at night. A District Attor- her appearances before our court, there is no ney needs counsel who is tough but fair, and DEAR CHAIRMAN LEAHY AND SENATOR one who commanded more respect and who counsel who can advise the district attorney had greater credibility. If I had to choose a GRASSLEY: I am writing in support of the nomination of Caitlin J. Halligan to the on these weighty issues not from a gut feel- candidate to serve on a federal appeals court United States Court of Appeals for the Dis- ing or personal agenda, but based solely on I can think of no one better. I emphasize: No trict of Columbia. I am familiar with the the law and the facts. She meets these high one. I urge the Senate to act expeditiously to work of Ms. Halligan in her capacity as standards. I cannot stress enough the dif- confirm her to this position. Counsel to the New York County District At- ficulties of the issues that Ms. Halligan has Most respectfully I hope the Senate sees fit torney. to address every day. And, based on both my to act expeditiously to confirm her for serv- Ms. Halligan possesses the three qualities personal observation and accounts I hear ice on the U.S. Court of Appeals for the Dis- most important for a nominee: intelligence, from my former colleagues at the D.A.’s Of- trict of Columbia Circuit. a judicial temperament, and personal integ- fice—Caitlin handles these pressures with rity. Ms. Halligan is without question an at- grace and poise, and is a tough proponent of Please feel free to contact me, if you wish, torney with a keen legal intellect. Indeed, the core mission of the Manhattan D.A.’s Of- by phone or email. I recall fondly, Senator the rapid successes of her career since grad- fice—to keep the citizenry safe, to enforce Leahy, that we met many years ago at a con- uating from law school in 1995 provide ample the law without fear or favor, and to hold ac- vention when I was an assistant DA in New evidence of her intelligence and abilities. countable those who break the law. She York and you were a prosecutor in Vermont. With regard to her temperament, the inter- brings solid law enforcement perspective to Very truly yours, actions between Ms. Halligan and my staff ALBERT M. ROSENBLATT. consistently demonstrate an even-handed her work, and upholds the highest standards disposition in navigating potential conflicts of my former office. between police and prosecutors in New York In sum, Caitlin Halligan is qualified in City. Lastly, Ms. Halligan’s personal integ- terms of intellect, ability and temperament, rity is simply without question. and I endorse her in the strongest of terms. In sum, Ms. Halligan possesses all the Sincerely, qualities required for a successful federal ap- ROBERT M. MORGENTHAU.

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FEBRUARY 28, 2011. Center for Law and Global Affairs, San- NATIONAL CONFERENCE OF Hon. PATRICK J. LEAHY, dra Day O’Connor College of Law, Ari- WOMEN’S BAR ASSOCIATIONS, Chairman, Committee on the Judiciary, U.S. zona State University, Phoenix, AZ; Portland, OR, June 23, 2011. Senate, Dirksen Senate Office Building, David Friedman, Senior Vice Presi- Re Nomination of Caitlin J. Halligan to the Washington, DC. dent/Special Counsel, Boston Red Sox, United States Court of Appeals for the Hon. CHUCK GRASSLEY, Boston, MA; Lisa Kern Griffin, Pro- District of Columbia Circuit. Ranking Member, Committee on the Judiciary, fessor of Law, Duke University School Hon. PATRICK J. LEAHY, Chair, U.S. Senate, Dirksen Senate Office Build- of Law, Durham, NC; Deborah Ham- Senate Judiciary Committee, Dirksen Senate Of- ing, Washington, DC. ilton, Trial Attorney, Equal Employ- fice Building, Washington, DC. DEAR CHAIRMAN LEAHY AND RANKING MEM- ment Opportunity Commission, Chi- Hon. CHARLES GRASSLEY, Ranking Member, BER GRASSLEY: We write as former clerkship cago, IL; Rachel A. Harmon, Associate Senate Judiciary Committee, Dirksen Senate Of- colleagues of Caitlin Halligan in support of Professor, University of Virginia fice Building, Washington, DC. her nomination for a seat on the U.S. Court School of Law, Charlottesville, VA; DEAR CHAIRMAN LEAHY AND RANKING MEM- of Appeals for the District of Columbia Cir- Sarah O. Jorgensen, King & Spalding, BER GRASSLEY: On behalf of the National cuit. All of us worked alongside Caitlin as Atlanta, GA; John P. Kelsh, Partner, Conference of Women’s Bar Associations, we law clerks at the U.S. Supreme Court during Sidley & Austin LLP, Chicago, IL; Jer- write to express our enthusiastic support for the 1997–98 Term. Our shared experience left emy Maltby, Partner, O’Melveny & the nomination of Caitlin J. Halligan to the us with an indelible impression of Caitlin’s Myers LLP, Washington, DC; United States Court of Appeals for the Dis- brilliant legal mind, her collegiality and Christopher Meade, Washington, DC; trict of Columbia Circuit. fair-mindedness, and her abiding respect for Ms. Halligan’s broad experience, public Gillian E. Metzger, Professor of Law, the rule of law. Even now, almost a decade service and intellect make her well suited to Columbia Law School, New York, NY; and a half later, as we have moved on to dis- the federal appellate bench, and her appoint- Charles Moore, Partner, Trilantic Cap- parate careers in the government, private ment would add much needed diversity to ital Partners, New York, NY; John B. sector, and the legal academy, we retain a the federal court, where currently only three distinct appreciation of Caitlin’s sharp intel- Owens, Assistant United States Attor- women are among the active judges on the ligence and her ability to cooperate with ney, Chief, Criminal Division, Southern DC Circuit. others in resolving difficult legal problems. District of California, San Diego, CA; We join with many other organizations As you well know, the work of the Su- Mary-Rose Papandrea, Associate Pro- such as the National District Attorneys As- preme Court is intense and eclectic, encom- fessor, Boston College Law School, sociation, the New York Women in Law En- passing a vast array of intricate legal mat- Boston, MA; Theodore W. Ruger, Pro- forcement and the Women’s Bar Association ters, a host of overlapping deadlines, and a fessor of Law, University of Pennsyl- of the District of Columbia in urging the variety of formal and informal procedures vania Law School, Philadelphia, PA; speedy confirmation of this outstanding for internal deliberation and discussion Sri Srinivasan, Partner, O’Melveny & nominee. among the Justices and their clerks. Our Myers LLP, Washington, DC; Silvija A. Very truly yours, work on the difficult cases the Court decided Strikis, Partner, Kellogg, Huber, Han- MARY E. SHARP, during the 1997–98 Term generated among sen, Todd, Evans & Figel, PLLC Wash- President. our group an unending discussion of legal ington, DC; Harry P. Susman, Partner, issues, both in connection with our specific Susman Godfrey LLP, Houston, TX; NOVEMBER 15, 2011. law clerk tasks and in more freewheeling Christopher S. Yoo, Professor of Law, Re Nomination of Caitlin J. Halligan to conversations in the clerks’ dining room and Director, Center for Technology, Inno- United States Court of Appeals for the related settings. In this milieu Caitlin stood vation and Competition, University of District of Columbia Circuit. out for her ability to meaningfully discuss Pennsylvania Law School, Philadel- Hon. HARRY REID, and explicate tough legal questions with an phia, PA. Hart Senate Office Building, open mind and a willingness to consider mul- Washington, DC. tiple perspectives on the law. Throughout U.S. WOMEN’S Hon. MITCH MCCONNELL, the year, Caitlin displayed a keen ability to CHAMBER OF COMMERCE, Russell Senate Office Building, listen to and accommodate the views of oth- Washington, DC, June 28, 2011. Washington, DC. ers, all the while simultaneously expressing Hon. PATRICK J. LEAHY, DEAR MAJORITY LEADER REID AND MINOR- and justifying her own view of the law. Al- Chairman, Committee on the Judiciary, U.S. ITY LEADER MCCONNELL: We, the undersigned though the Court during the 1997 Term Senate, Dirksen Senate Office Building, law school deans and professors, write in issued an unusually high proportion of unan- Washington, DC. strong support of the nomination of Caitlin imous decisions, Caitlin’s demeanor as a law Hon. CHUCK GRASSLEY, Halligan to the United States Court of Ap- clerk exuded reasonableness and collegiality Ranking Member, Committee on the Judiciary, peals for the District of Columbia Circuit. even in those areas where we law clerks— U.S. Senate, Dirksen Senate Office Build- Ms. Halligan’s legal credentials, experience, and the Justices for whom we worked—dis- ing, Washington, DC. and accomplishments make her exception- agreed. ally well-qualified to serve on this court. We In sum, we hold Caitlin Halligan in high DEAR CHAIRMAN LEAHY AND RANKING MEM- also note that women have been historically regard as a talented and fair-minded col- BER GRASSLEY: On behalf of the U.S. Wom- underrepresented on this court, as only five league who was a pleasure to work with in a en’s Chamber of Commerce, I write in enthu- of the fifty-seven judges to serve there have sophisticated and demanding legal setting. siastic support of the nomination of Caitlin been women, and only three of the court’s We have no doubt that if she is confirmed by Halligan to be a judge on the United States eight active judges are women. the Senate, her colleagues on the federal Court of Appeals for the District of Columbia Ms. Halligan graduated from Georgetown bench will soon arrive at a similar conclu- Circuit. Ms. Halligan is exceptionally well- University Law Center with honors, includ- sion, and we appreciate your attention to her ing Order of the Coif. She clerked for Judge qualified, and would be an excellent addition nomination. Patricia M. Wald on the D.C. Circuit Court, Respectfully submitted, to that court. She would not only bring ex- and for Justice Stephen G. Breyer on the Samuel R. Bagenstos, Professor of Law, traordinary legal talents but also increase U.S. Supreme Court. Ms. Halligan’s career University of Michigan Law School, the gender diversity of that court, increasing includes public service, private practice, and Ann Arbor, MI; J. Scott Ballenger, the representation of women on what has legal education. She worked for the Attorney Partner, Latham & Watkins LLP, been called the second-highest court in the General of the State of New York, including Washington, DC; Rachel E. Barkow, land. as Solicitor General of the State of New Professor of Law, New York University York, and currently serves as General Coun- Her re´sume´ speaks for itself. Ms. Halligan School of Law, New York, NY; Paul sel to the New York County District Attor- Schiff Berman, Dean and Foundation has outstanding legal credentials and legal ney’s office. She was a partner and head of Professor of Law, Sandra Day O’Connor experience that is both broad and deep. Over the appellate practice at Weil, Gotshal and College of Law, Arizona State Univer- the course of her career, she has developed Manges, LLP. In addition, she has taught as sity, Phoenix, AZ; significant expertise in appellate litigation, an adjunct professor at Georgetown Univer- Stephanos Bibas, Professor of Law and including before the U.S. Supreme Court. sity Law Center and Columbia Law School. Criminology, Director, Supreme Court She has also generously contributed of her In all of these capacities, Ms. Halligan has Clinic, University of Pennsylvania Law own time to pro bono service. won accolades for her judgment, legal acu- School, Philadelphia, PA; Elizabeth men, and expertise in appellate litigation, Cavanagh, Adjunct Professor, Amer- We ask that the Senate vote to confirm which includes five arguments before the Su- ican University Washington College of Caitlin Halligan to the United States Court preme Court. Throughout her career, she has Law, Washington, DC; Thomas Colby, of Appeals for the District of Columbia Cir- also contributed significant pro bono serv- Professor of Law, George Washington cuit. ices. University Law School, Washington, Sincerely, Ms. Halligan received a unanimous ‘‘Well- DC; Laura A. Dickinson, Foundation MARGOT DORFMAN, Qualified’’ rating from the ABA Standing Professor of Law, Faculty Director, CEO. Committee on the Federal Judiciary. She

VerDate Mar 15 2010 10:41 Dec 06, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A05DE6.011 S05DEPT1 smartinez on DSK7SPTVN1PROD with SENATE S8172 CONGRESSIONAL RECORD — SENATE December 5, 2011 has been endorsed by numerous organiza- unfair to both Allen Snyder and Elena load, something they ignored for eight tions, including the District Attorneys Asso- Kagan, President Clinton’s outstanding years as President Bush’s nominees ciation of the State of New York, the Na- nominees. Allen Snyder had served as a were confirmed to fill the 10th seat tional District Attorneys Association, the clerk to Justice Rehnquist and was an twice and also the 11th judgeship. But New York State Association of Chiefs of Po- lice, the New York State Sheriffs Associa- experienced and respected litigator. they have ratcheted up their partisan tion, the New York Women in Law Enforce- Elena Kagan went on to become Dean opposition and now oppose even filling ment, the Women’s Bar Association of the of the Harvard Law School and win the ninth judgeship. With three vacan- District of Columbia, the National Con- confirmation to the United States Su- cies on the D.C. Circuit, that is the ference of Women’s Bar Associations, the preme Court. These were unquestion- judgeship that Caitlin Halligan would U.S. Women’s Chamber of Commerce, and ably qualified nominees. The fact is be filling not the 11th that Senate Re- the National Center for Women & Policing. that for the rest of President Clinton’s publicans filled just recently, or the We likewise offer our strong support of Ms. second term, virtually his entire sec- 10th that they voted twice to fill, but Halligan, and urge you to support her nomi- the ninth. This is not a basis on which nation to the United States Court of Appeals ond four years, given that Judge Gar- for the District of Columbia Circuit. If you land had actually first been nominated to oppose as qualified a nominee as have questions or if we can be of assistance, in his first term, Senate Republicans Caitlin Halligan, who has widespread please contact Columbia Law School Pro- would not consider another nominee to support from law enforcement and the fessor Gillian Metzger at (212) 854–2667 or at the D.C. Circuit. They just blocked and legal community. [email protected]. pocket filibustered outstanding nomi- The so-called ‘‘caseload’’ concern is Sincerely, nees because they could. no justification for filibustering this (Signed by 107 women law professors). Republican Senators pretended to nomination. The D.C. Circuit is now Mr. LEAHY. I fear that what is be- justify their refusal to proceed on more than one-quarter vacant, with hind this misguided filibuster attempt President Clinton’s D.C. Circuit nomi- three judicial vacancies. In fact, the is a continuation of a decades-long at- nees not by arguing against the nomi- Senate has acted on the so-called case- tempt by some Senate Republicans to nees, but by arguing that the caseload load argument. We have already elimi- play politics with the Federal court of the D.C. Circuit did not justify the nated effective in 2008 the 12th judge- and, in particular, to engage in a rear confirmation of any more judges. They ship on that court. In so doing, the guard action to preserve the D.C. Cir- were contending that the 11th and 12th Senate and the Congress reaffirmed the cuit as a Republican bastion, despite judgeships on the D.C. Circuit should authorization of 11 judges needed for the fact that the American people not be filled. They argued that 10 the important D.C. Circuit. This court elected a Democratic President. A re- judges were enough. is often considered the second most im- cent Washington Post editorial urging But what happened when George W. portant court in the land because of the Senate to confirm Ms. Halligan’s Bush became President? Republican the complex cases that it handles. The confirmation, suggested as much, stat- Senators set aside those arguments court reviews complicated decisions ing: ‘‘GOP senators are grasping at when considering the nominations of a and rulemaking of many Federal agen- straws to block Ms. Halligan’s ascen- Republican President to the same cies, and in recent years has handled sion, perhaps in hopes of preserving the court even as the caseload numbers some of the most important terrorism vacancy for a Republican president to went down, Senate Republicans aban- and enemy combatant and detention fill.’’ Yet again, we see some Senate doned their hollow caseload arguments cases since the attacks of September Republicans shifting the standards to press for confirmation of multiple 11. As noted in the recent Washington they use and the arguments they make Bush nominees to the D.C. Circuit. Post editorial: ‘‘[Caseload numbers do] based on the party of the President Their actions showed that they were not take into account the complexity making the nominations. They say one not really concerned with a caseload and scope of the cases that land at the thing when President Clinton is in of- justification. Their reversal now to court. They include direct appeals in- fice, flip when the President is a Re- readopt a caseload argument is not volving federal regulatory decisions publican, and flop when the American consistency of principle, but relates to and national security matters, includ- people elect President Obama. the principal who is making the nomi- ing cases stemming from the deten- When President Clinton nominated nation and appears political. tions at the U.S. naval base in Guanta- qualified moderates to vacancies on Despite the unwillingness of Senate namo Bay, Cuba.’’ the D.C. Circuit, Republicans refused Republicans to act on President Clin- The D.C. Circuit’s cases have only in- to proceed. The last of three Clinton ton’s nominees to the D.C. Circuit for creased in importance and the court’s nominees to the D.C. Circuit was con- years, Senate Democrats did proceed to caseload has not gone down since Re- firmed in 1997, after being nominated in consider President Bush’s nominations. publican Senators supported every one 1995 and stalled through the 1996 ses- The first confirmation, for which I of President Bush’s nominations to sion when not a single circuit nominee voted, was of now-Chief Justice John that court. According to the Adminis- was confirmed by the Senate Repub- Roberts to be a judge on the D.C. Cir- trative Office of U.S. Courts, the case- lican majority. When Senate Repub- cuit. At the time, John Roberts had load per active judge has increased by licans stalled the nomination of been Allen Snyder’s junior and his one third since 2005, when the Senate Merrick Garland to the D.C. Circuit be- partner at Hogan and Hartson. He was confirmed President Bush’s nomination yond the 1996 election, even Senator the first judge confirmed to the circuit of Thomas Griffith to fill the 11th seat HATCH became frustrated, and in March in six years. on the D.C. Circuit. That is right—the 1997 he proclaimed that the way that The Senate then confirmed a series of D.C. Circuit’s caseload has actually in- Republicans were opposing judicial questionable nominees to the D.C. Cir- creased. Judge Griffith’s confirmation nominees was ‘‘playing politics with cuit: Janice Rogers Brown, Thomas resulted in there being approximately judges,’’ was ‘‘unfair’’ and that he was Griffith and Brett Kavanaugh. The 121 pending cases per active D.C. Cir- ‘‘sick of it.’’ He was right. Merrick same Republican Senators who blocked cuit judge. There are currently 161 Garland, like Caitlin Halligan, was su- President Clinton’s nominations from pending cases for each active judge on perbly qualified, and was only being ob- even being considered by the Judiciary the D.C. Circuit, one-third higher. If structed for partisan political gain. Committee supported every nomina- Ms. Halligan were confirmed to the But once the blockade against Judge tion of President Bush’s to the D.C. ninth seat, there would be approxi- Garland was broken by President Clin- Circuit, as they filled the ninth seat, mately 143 pending cases for each ac- ton’s reelection, Senate Republicans twice filled the 10th seat on the court tive D.C. Circuit judge, still signifi- erected an impenetrable wall around and went on to fill the 11th seat that cantly higher than after the Senate the D.C. Circuit. Neither of President they had said was unnecessary when a confirmed President Bush’s nominee to Clinton’s two other nominees were al- Democratic President was doing the the 11th seat in 2005. In addition, ac- lowed a Senate vote, or even Judiciary nominating. With the change of admin- cording to the Administrative Office of Committee consideration. That esca- istration, Republican Senators have the U.S. Courts, written decisions per lation in the judge wars was untoward, now dusted off an old obstructionist ar- active judge have risen 20 percent since it was wrong. It hurt the court and was gument about the D.C. Circuit’s case- 2007. By any objective measure the

VerDate Mar 15 2010 10:41 Dec 06, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A05DE6.014 S05DEPT1 smartinez on DSK7SPTVN1PROD with SENATE December 5, 2011 CONGRESSIONAL RECORD — SENATE S8173 work of the D.C. Circuit has grown and other. This is especially hard to under- interests of her ‘‘client’’. When New the multiple vacancies should be filled, stand for any Senators who support the York municipal attorneys requested not preserved and extended for partisan rights of states to defend their inter- advice as to whether clerks could issue purposes. ests in courts, the duty Caitlin marriage licenses to same-sex couples, Of course, if Republican Senators Halligan owed to New York as its So- Ms. Halligan carefully analyzed New seeking to use caseload figures to jus- licitor General. York’s statutory law and concluded tify their opposition to this nomina- Some have pointed to her role as New that the state legislature did not in- tion were serious, they would not be York’s Solicitor General acting at the tend to authorize marriage licenses to continuing their refusal to consent to direction of New York’s Attorney Gen- be given to same-sex couples, even the Senate considering the nomina- eral in tort lawsuits against gun manu- though the statutory language is gen- tions of Morgan Christen of Alaska to facturers as suggesting that she will der neutral. After observing that this the Ninth Circuit, and Judge Adalberto not uphold the Second Amendment if interpretation raised ‘‘constitutional Jordan of Florida to the Eleventh Cir- confirmed as a judge. As a strong sup- questions,’’ she outlined the current cuit, the two circuits with the highest porter of the Second Amendment, I case law and stated that it was for the number of cases per active judge. They asked her during her hearing whether courts to resolve the issue. This meas- would not be doing everything they can as a judge she would faithfully follow ured response is no basis on which to to delay filling vacancies on the Ninth and apply the Supreme Court’s prece- caricature her record. Circuit, a court burdened by multiple dent from District of Columbia v. Hell- Most disconcerting of all are the at- vacancies and the largest caseload in er and McDonald v. Chicago, which tacks from some on the outside sug- the Nation, and we would instead take held that the Second Amendment pro- gesting that Ms. Halligan lacked can- up and confirm the nomination of Jac- tects an individual right to keep and dor in the answers she provided to the queline H. Nguyen who is nominated to bear arms for self defense. She testified Judiciary Committee. I hope that we fill the judicial emergency vacancy that she would. When asked by Senator do not see any Senators repeating these baseless charges to create an- that remains open after the Republican GRASSLEY whether the rights conferred filibuster of Goodwin Liu. I have re- under the Second Amendment are fun- other false controversy. Ms. Halligan has been honest and forthcoming peatedly urged the Senate to take up damental, Ms. Halligan answered: throughout the confirmation process, and consider these nominations, which ‘‘That is clearly what the Supreme providing the Committee with her en- are supported by home state Senators, Court held and I would follow that tire record and giving detailed, accu- yet Republicans have refused to con- precedent, Senator.’’ In her personal capacity, Ms. rate, and clear answers to over 150 sider them for months. In fact, courts questions from Judiciary Committee Halligan has never challenged or other- throughout the country are in need of members at her hearing and in written wise criticized the Protection of Law- more confirmed judges and more judge- follow-up questions on a wide range of ful Commerce in Arms Act (PLCAA) or ships to handle high and increasingly topics, such as judicial philosophy, been critical of the Second Amend- complicated caseloads, yet we cur- constitutional interpretation, the ment. As New York State’s Solicitor rently have 25 judicial nominations fa- Tenth Amendment, the Second Amend- General, she prepared an amicus brief vorably reported by the Judiciary Com- ment, the Commerce Clause, the mittee awaiting final action by the at the direction of the New York Attor- Eighth Amendment and the death pen- Senate. Republicans concerned about ney General in a case where New York alty, military commissions and indefi- caseload should join with us to con- City challenged the PLCAA, seeking to nite detention, tort liability, Federal sider these nominations. safeguard New York’s police powers. preemption, and standing. In my view, The Senate should not filibuster but The arguments made in the brief were Ms. Halligan’s answers to questions should be voting to confirm the nomi- made on behalf of New York State. In from Committee members were de- nation of Caitlin Halligan to fill a va- the amicus brief, New York State ar- tailed and substantive, and show an cancy on a critical court that is one gued that the PLCAA should be struck impressive depth and breadth of knowl- quarter vacant with only eight active down as an unconstitutional exercise of edge on complex legal issues. There is judges and higher caseloads than when Congress’s legislative power that in- no lack of record or failure to respond Republicans voted to confirm President fringed on states’ rights to exercise the as there was, unfortunately, when the Bush’s nominees fill the ninth, 10th police power within their borders. The Bush administration would not make and 11th judgeships on this court just a amicus brief did not make a single ref- information available to Senators in couple of years ago. erence to the Second Amendment. Any connection with the nomination of Some have sought to criticize Ms. criticism of the PLCAA in New York Miguel Estrada. There is no lack of Halligan for positions she advocated on State’s brief or in the speech she gave forthrightness, as there was when Brett behalf of the State of New York while as a surrogate for and on behalf of New Kavanaugh was manipulating the con- serving as its Solicitor General. At her York Attorney General Spitzer re- firmation process as a political crony confirmation hearing, Ms. Halligan flected New York State’s federalism and insider during the Bush adminis- made clear she filed briefs under the di- concerns. It is hardly surprising that tration. rection of New York’s Attorney Gen- New York State—like many other Those concerned with a 2004 report eral, arguing on behalf of the State of states—advocated for a position that that questioned the indefinite deten- New York, not based on her personal supported state powers. tion of enemy combatants issued by views. Yet some outside groups and As Solicitor General for the State of the Association of the Bar of the City even some Senators ignore this and New York, Caitlin Halligan vigorously of New York’s Committee on Federal seek to use those advocacy positions as advocated for New York’s interests, in Courts at a time when she served on a basis to filibuster her nomination. particular the right to govern in tradi- the Committee continue to ignore Ms. These arguments are particularly tional state law areas. For example, in Halligan’s repeated testimony that she hard to accept for anybody who under- the Grutter v. Bollinger affirmative ac- had no role in preparing the report, stands the role of advocates in our tion case, New York joined 20 other that she was not aware of the report legal system. Our legal system is an states in arguing that they ‘‘must have until preparing for her nomination and adversary one, predicated upon legal the freedom and flexibility’’ to set that report ‘‘does not reflect [her] advocacy for both sides. Nominees such their own education policy. I assume views.’’ At no time during Ms. as Chief Justice John Roberts have that position does not raise concerns Halligan’s hearing or in the Commit- said lawyers do not stand in the shoes for those seeking a basis for opposing tee’s consideration of her nomination of their clients. Since when do we im- her nomination. Nor I assume did her did any Senator question Ms. pose a litmus test for nominees that defense as New York’s Solicitor Gen- Halligan’s candor or thoroughness in they can never have been legal advo- eral of the constitutionality of the answering questions. I hope that no cates? If we were to do that, we would death penalty. Senator does so now to attempt to jus- have no judges. Almost every nominee Indeed, Ms. Halligan’s time as Solic- tify this unjustifiable filibuster. who had been a practicing lawyer itor General shows all the hallmarks of Given Caitlin Halligan’s impeccable would be disqualified by one side or the serious advocacy consistent with the credentials and widespread support,

VerDate Mar 15 2010 10:41 Dec 06, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G05DE6.022 S05DEPT1 smartinez on DSK7SPTVN1PROD with SENATE S8174 CONGRESSIONAL RECORD — SENATE December 5, 2011 this should be the kind of consensus sides of the aisle. The many leading agreed to invoke cloture on the nomi- nomination supported by Senators of lawyers who have worked with Ms. nation of Priscilla Owen to the Fifth both parties who seek to ensure that Halligan, law enforcement officials and Circuit, a nominee whose rulings on the Federal bench continues to attract organizations supporting her nomina- the Texas Supreme Court were so ex- the best and brightest. Certainly, her tion have all attested to Ms. Halligan’s treme they drew the condemnation of nomination should not be subject to a ‘‘temperament,’’ ‘‘fairness’’ and ‘‘bal- other conservative judges on that filibuster. Regrettably, however, the ance’’ in addition to her legal judgment court. Alberto Gonzales, President Senate’s Republican leadership seems and qualifications for the D.C. Circuit. Bush’s White House counsel and later intent on continuing with the practices Hollow contentions about the caseload his Attorney General, went so far as to they began when President Obama first of the quarter-vacant D.C. Circuit fall describe one of her opinions as advo- took office, engaging in narrow, par- well short of any standard of ‘‘extraor- cating ‘‘an unconscionable act of judi- tisan attacks on his judicial nomina- dinary circumstances.’’ cial activism.’’ Her nomination was de- tions. They seem intent on setting a The signers of that 2005 Memorandum termined not to present ‘‘extraordinary new standard that could not be met by of Understanding, and the Senate, dem- circumstances.’’ the judicial nominees of Presidents of onstrated what they thought that Neither was the nomination of Thom- either party. agreement entailed when they pro- as Griffith to the D.C. Circuit, despite Republican Senators who just a few ceeded to invoke cloture on a number his decision to practice law without a years ago protested that the filibuster of controversial nominations. The Sen- license for a good part of his career, of any judicial nomination was uncon- ate invoked cloture on the nomination which I felt should be disqualifying. stitutional, Republican Senators who of Janice Rogers Brown to the D.C. Cir- Yet his nomination was not judged to joined in a bipartisan memorandum of cuit, the circuit to which Caitlin present ‘‘extraordinary circumstances’’ understanding to head off the ‘‘nuclear Halligan has been nominated. and he was confirmed to fill the 11th option’’ and agreed that nominees As a Justice on the California Su- seat on the D.C. Circuit. There is no should only be filibustered under ‘‘ex- preme Court, Janice Rogers Brown was question under the standard Repub- traordinary circumstances,’’ aban- a nominee with a consistent and exten- licans applied to the nomination of doned all that they said they stood for sive record, both on the bench and off, Thomas Griffith, Caitlin Halligan and joined together in an attempt to of using her position as a member of should be confirmed to fill the ninth prevent an up-or-down vote on Presi- the court to put her views above the judgeship on that court. dent Obama’s very first judicial nomi- law. This was not a question of one I urge Republican and Democratic nee, David Hamilton. There were cer- case or one issue on which Democrats Senators to come together and end this tainly no ‘‘extraordinary cir- differed with the nominee—I have misguided filibuster of Caitlin cumstances’’ to justify the Republican voted for hundreds of nominees of Re- Halligan’s nomination to the D.C. Cir- filibuster of Judge Hamilton, and sev- publican and Democratic Presidents cuit. There is no basis under any stand- eral Republican Senators joined to- which whom I differ on many issues. ard for blocking her nomination from gether with Democratic Senators in re- But this was a nominee with views so having an up-or-down vote. To the con- jecting that filibuster. I trust that extreme she was opposed not just by trary, Caitlin Halligan’s impeccable they will do so, again, and reject this her home state Senators, but also by credentials and record as an accom- unjustifiable filibuster of Caitlin more than 200 law school professors plished advocate make her nomination Halligan. from around the Nation who wrote to worthy of bipartisan support. I look By the standard utilized in 2005 to the Committee expressing their opposi- forward to ending this filibuster and end filibusters and vote on President tion. voting to confirm Caitlin Halligan to Bush’s controversial nominees, this fil- Her record in numerous decisions as the D.C. Circuit. ibuster should be ended and the Senate a judge showed that she was willing to Mr. LEAHY. Mr. President, I suggest the absence of a quorum but ask unani- should vote on the nomination. Those put her personal views above the law mous consent that the time be equally Senators who claim to subscribe to a on issue after issue, including a will- standard that prohibits filibusters of divided. ingness to roll back the clock 100 years The PRESIDING OFFICER. Without judicial nominees except in ‘‘extraor- on workers’ and consumers’ rights, to objection, it is so ordered. dinary circumstances’’ cannot support undermine clean air and clean water The clerk will call the roll. this filibuster. There are no ‘‘extraor- protections for Americans and their The legislative clerk proceeded to dinary circumstances’’ here. The 14 communities, laws providing affordable call the roll. Senators who signed the Memorandum housing, zoning laws that protect Mr. BAUCUS. Mr. President, I ask of Understanding in 2005, the then homeowners, and protections against unanimous consent that the order for ‘‘Gang of 14,’’ wrote about their ‘‘re- sexual harassment, race discrimina- the quorum call be rescinded. sponsibilities under the Advice and tion, employment discrimination, and The PRESIDING OFFICER. Without Consent Clause of the United States age discrimination. In fact, while serv- objection, it is so ordered. Constitution’’ and that fulfilling their ing on the California Supreme Court, Mr. BAUCUS. Mr. President, Henry constitutional responsibilities in good Justice Brown had argued that Social Clay once said: faith meant that nominations ‘‘ should Security is unconstitutional, a position Of all the properties which belong to hon- only be filibustered under extraor- clearly at odds with well established orable men, not one is so highly priced as dinary circumstance.’’ Here there are law. She went so far as to say ‘‘today’s that of character. none. senior citizens blithely cannibalize It is my distinct privilege to rise In 2005, Senator GRAHAM, a member their grandchildren.’’ today to speak on a nominee that pos- of the ‘‘Gang of 14’’ described his view Despite her ideological extremism sesses such character, Dana of what comprises the ‘‘extraordinary and willingness to implement her rad- Christensen. The Senate will soon take circumstances’’ justifying a filibuster. ical personal views as a judge without up Dana’s nomination for U.S. district He said: ‘‘Ideological attacks are not regard to the existing law, she was con- judge for the District of Montana. To an ‘extraordinary circumstance.’ To firmed to the D.C. Circuit, her nomina- ensure the most ethical and qualified me, it would have to be a character tion judged not to present ‘‘extraor- attorney was appointed as district problem, an ethics problem, so allega- dinary circumstances’’ supporting a fil- judge, I created an advisory selection tions about the qualifications of a per- ibuster. There is no justification under panel made up of five Montana lawyers son, not an ideological bent.’’ Caitlin the standard applied to the nomination with diverse legal backgrounds from Halligan has no ‘‘character problem,’’ of Janice Rogers Brown for a filibuster across our State and across party lines. no ‘‘ethics problem,’’ and there is no of the nomination of Caitlin Halligan, I said to them: You just get me the justification for this filibuster. Caitlin a widely respected nominee with a best, the four or five best people I can Halligan is a superbly qualified nomi- clear devotion to the rule of law and no choose from. I do not care if they are nee whose personal integrity, tempera- record of ideological extremism. Republicans or Democrats or liberals ment and abilities have been attested Under the Gang of 14’s Memorandum or conservatives, you just get me the to by lawyers and judges from both of Understanding, the Senate also very best qualified.

VerDate Mar 15 2010 10:41 Dec 06, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G05DE6.023 S05DEPT1 smartinez on DSK7SPTVN1PROD with SENATE December 5, 2011 CONGRESSIONAL RECORD — SENATE S8175 That is what they did. From them I firm four additional judicial nominees. prior to final adjournment they either chose Dana Christensen, and the panel With these votes, we will have con- made sure the committee did not have unanimously and enthusiastically rec- firmed 61 article III nominees this Con- a quorum so we could not vote or they ommended the nomination of Dana gress. took the extraordinary step of invok- Christensen. I was proud to pass this I want to note that in the first ses- ing the 2-hour rule so the committee recommendation on to the President. sion of the 112th Congress we have now could not meet. I note that a quorum Dana is a fourth generation Mon- confirmed more nominees than during was present early in one meeting but tanan, raised in Missoula, MT. He grad- the entire 111th Congress. So I think evaporated when Mr. Keisler’s nomina- uated from Stanford University in 1973, we can declare real progress. Over 72 tion was the pending business. So basi- received his law degree from the Uni- percent of President Obama’s judicial cally the opponents ran out the clock versity of Montana Law School in 1976. nominees have been confirmed. on this nomination. He did not get a Dana started his legal career at the Despite this record of confirmations, committee vote. He did not get the Billings, MT, law firm of Moulton, we continue to hear complaints about courtesy of floor consideration, not Belingham, Longo & Mather, and then the way this President’s nominees are even a cloture vote like the nominee moved to Kalispell in 1981 to join the being treated. So I point out that in tomorrow will have. law firm of Murphy, Robinson, only six sessions of Congress in the last Mr. Keisler was renominated in June Heckathorn & Phillips. In 1998, Dana 30 years have more nominees been con- 2007 when the Democrats assumed con- and two of his partners formed a new firmed in a single session. Further- trol of the Senate. But his nomination more, given the cooperation we have firm in Kalispell, MT, which has be- sat in committee with no action until shown, I am disappointed that the Sen- come one of the leading firms in Mon- it was returned to the President in ate majority wants to turn to a con- tana for civil defense, business law, January 2009. He was the recipient of a troversial nomination next rather than real estate, and estate planning. Dana pocket filibuster. This was despite continue on the path of cooperative has tried more than 50 trials in State being rated ‘‘unanimously well quali- and Federal courts. He has an active confirmations. The Senate majority leader has fied’’ by the ABA Standing Committee mediation and arbitration practice. of the Federal judiciary and possessing Outside of the office, Dana has been an scheduled a cloture vote for tomorrow on the nomination of Caitlin Halligan outstanding qualifications to fill this active member of his community: a to be U.S. Circuit Judge for the Dis- position. So complaints about this seat member of the board of directors of his trict of Columbia Circuit. I will speak being vacant for too long just ring hol- local chamber of commerce, a member more about the merits of that nomina- low with this Senator. of the University of Montana School of tion Tuesday. But I wanted to put that Likewise, when one considers the Law board of visitors, and a member of vote in some context. treatment of previous nominees to the the faculty of the University of Mon- It seems to me that the scheduling of DC Circuit, it is evident that the nomi- tana Advanced Trial Advocacy Pro- such a controversial vote in the closing nation of Ms. Halligan is not being gram. days of a session of Congress is de- treated in an unfair manner. In fact, Over the past 35 years, Dana has com- signed to simply heat up the partisan- her nomination is proceeding far better manded the respect of his colleagues ship of judicial nominations. Perhaps than many nominated to this court. I across the State of Montana and else- that is the objective. The result may would remind my colleagues that pre- where. Dana has received the highest well be that such a divisive vote might vious nominees were subjected to delay rankings from peer review organiza- have a chilling effect on reaching or multiple hearings, to extensive tions, Chambers USA and Super Law- agreement on additional judicial nomi- delays in committee, and to multiple yers. He is also a member of the selec- nation votes. I hope that is not the filibusters on the Senate floor. tive American Board of Trial Advo- case. But everyone knows the final These include the nomination of cates and the American College of weeks of a session are often filled with Estrada, a Hispanic immigrant with a Trial Lawyers. unpredictable actions and outcomes. compelling personal story and out- Upon his nomination in May, Mon- With regard to the vote tomorrow, standing judicial qualifications, who tana’s legal community lent their there will be some who say this nomi- was subject to seven cloture votes; strong support for Dana’s selection. nation has been vacant for too long and Janice Brown, an African-American fe- U.S. District Judge Richard Cebull, that this nominee is being treated un- male who had two cloture votes; Brett who was appointed by President George fairly, needlessly waiting on the cal- Kavanaugh; and Thomas Griffin. While Bush in 2001, said: endar for too many weeks. Well, such all of these individuals were eventually I do not think there is a better prospect in arguments fail to consider the history the whole State. confirmed, the procedural tactics used of this particular seat of the DC Circuit in their nominations made the con- U.S. District Judge Sam Haddon, also and of the record established by my firmations very difficult. appointed by President Bush, echoed colleagues on the other side regarding I am not suggesting this is a pattern his colleague. Judge Haddon said: the consideration of nominations for to follow, but it is relevant to the argu- He’s a good lawyer, a good man, and in my this very same DC Circuit. ments that Ms. Halligan is being treat- opinion, ethically totally qualified. The dis- This seat has been vacant for over 6 trict will be well served by him. ed quite differently or in an unfair years. It became vacant upon the ele- manner than other nominees. I have gotten to know Dana over the vation of John Roberts as Chief Jus- With regard to the nomination before past several decades. I could not agree tice. That was back in September 2005. more with Judge Sebold and Judge Following Justice Robert’s appoint- us today, I will say a few words about, Haddon. Dana embodies those qualities ment, Peter Keisler was nominated to first, Mr. Ramos, who is nominated to that Montana and America need on the fill the vacancy in June 2006, with a be U.S. District Judge for the Eastern Federal bench: intellect, extensive ex- hearing held August 1, 2006. District of New York. Mr. Ramos perience in the courtroom, commit- With a Republican majority in the earned a BA from Yale in 1982; JD Har- ment to public service, integrity, and 109th Congress, one would wonder why vard, 1987. Upon graduation from law respect for precedent and the rule of he never made it out of committee. school, Mr. Ramos worked as an asso- law. Well, it is not that he did not have the ciate at the law firm of Simpson, I congratulate Dana, his wife Steph- votes in committee. The fact is, the Thatcher & Bartlett in New York City. anie, and his wonderful children, Cas- Democratic minority would not allow a In 1992, Mr. Ramos joined the Office sidy and Ben, on this extraordinary vote. This was accomplished by holding of the U.S. Attorney for the Eastern achievement. I urge my colleagues to him over at his first markup, which the District of New York, where he pros- join me in supporting his nomination. rules permit and is a legitimate exer- ecuted a variety of Federal crimes, in- I yield the floor. cise of the right of a minority and a cluding white-collar crime, defense The PRESIDING OFFICER. The Sen- right that this minority on our side ex- contractor fraud, money laundering, ator from Iowa. ercised quite frequently this very year. narcotics trafficking, labor racket- Mr. GRASSLEY. Mr. President, However, for the remaining executive eering, and violation of the Arms Ex- today the Senate is expected to con- sessions in September of that year, port Control Act. In June 2000, he was

VerDate Mar 15 2010 10:41 Dec 06, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G05DE6.017 S05DEPT1 smartinez on DSK7SPTVN1PROD with SENATE S8176 CONGRESSIONAL RECORD — SENATE December 5, 2011 promoted to Deputy Chief of the Nar- from the University of Montana School sel at the New York County district at- cotics Section, where he supervised as- of Law in 1976. torney’s office, which investigates and sistant U.S. attorneys prosecuting Earlier in his legal career, Mr. prosecutes 100,000 criminal cases annu- international narcotics trafficking and Christensen practiced natural re- ally. racketeering cases. sources law, representing coal mining She clerked for Supreme Court Jus- In 2002, the nominee joined the law and oil and gas companies in litigation tice Breyer and Judge Patricia Wald on firm of Day, Berry & Howard LLP, in administrative matters. He went on the DC Circuit. The ABA’s Standing predecessor to the firm Day Pitney to practice general insurance defense Committee on the Federal Judiciary LLP, as a partner in the government litigation and medical malpractice unanimously rated Ms. Halligan ‘‘well investigations practice group. Cur- cases. qualified’’ to serve on the DC Circuit. rently, he represents corporations and In 1996, he founded his own firm and Ms. Halligan has support from across individuals in connection with crimi- continues to represent these entities the political spectrum, including nal and regulatory investigations in- and practices in this area. He has also Miguel Estrada, Carter Phillips, and of- volving antitrust, bank fraud, public represented defendants in large class- ficials in Democratic and Republican corruption, securities fraud, and gov- action lawsuits filed in the U.S. Dis- administrations. Twenty-three former ernment program fraud. trict Court for the District of Montana. U.S. Supreme Court clerks, the Na- The American Bar Association’s In addition to his litigation prac- tional District Attorneys Association, Standing Committee on the Federal tices, Mr. Christensen has also rep- the National Conference of Women’s Judiciary has rated Mr. Ramos with a resented at least 15 physicians in con- Bar Associations, and the U.S. Wom- unanimous ‘‘well qualified’’ rating. fidential disciplinary matters before en’s Chamber of Commerce are sup- We are also considering the nomina- the Montana Board of Medical Exam- porting her nomination. tion of Judge Andrew L. Carter to be iners. He has also represented health New York City police commissioner U.S. District judge, Southern District care providers in more than 200 mat- Ray Kelly has said Ms. Halligan has of New York. Judge Carter earned his ters before the Montana Medical Legal three qualities that are important for a B.A. from the University of Texas in Panel. nominee—intelligence, judicial tem- 1991 and his J.D. from Harvard Law The American Bar Association’s perament, and personal integrity. Unfortunately, it appears some of my School in 1994. Standing Committee on the Federal Judge Carter’s legal career began in colleagues are determined to criticize Judiciary has rated Mr. Christensen 1996 as a staff attorney for the criminal Caitlin Halligan regardless of the facts. with a unanimous ‘‘well qualified’’ rat- defense division, Legal Aid Society, in One of the criticisms of Ms. Halligan New York, NY. In 2000, he became staff ing. is positions she advocated for while I intend to vote for all these can- attorney for the Federal defenders divi- serving as solicitor general. She filed sion. The nominee became affiliated didates. I urge my colleagues to do the briefs at the direction of New York’s with the Federal Defenders of New same. attorney general and argued on behalf York in 2005, first as staff attorney I yield the floor and suggest the ab- of the State. That was her job. She was and, 1 year later, as a supervising at- sence of a quorum. not promoting her personal views. torney. His Federal practice included The PRESIDING OFFICER. The Ms. Halligan testified she would drug cases, gun cases, and immigration clerk will call the roll. faithfully follow and apply the Su- fraud. The assistant legislative clerk pro- preme Court’s precedent from Heller In 2009, Judge Carter was appointed ceeded to call the roll. and McDonald. When asked whether to his current position of U.S. mag- Mr. CASEY. Mr. President, I ask the rights conferred under the second istrate judge for the Eastern District of unanimous consent that the order for amendment are fundamental, she an- New York, where he is primarily re- the quorum call be rescinded. swered: ‘‘That is clearly what the Su- sponsible for handling civil matters. The PRESIDING OFFICER. Without preme Court held, and I would follow The American Bar Association’s objection, it is so ordered. that precedent.’’ Standing Committee on the Federal Mr. CASEY. Mr. President, I ask Let me also address the workload Judiciary has rated Judge Carter with unanimous consent to speak as in concerns brought up by some of my fel- a unanimous ‘‘qualified’’ rating. morning business. low Senators. There are currently only The third nominee we are considering The PRESIDING OFFICER. Without eight active judges on the DC Circuit, is James Rodney Gilstrap to be a dis- objection, it is so ordered. making it one-quarter vacant. Miss trict judge for the Eastern District of (The remarks of Mr. CASEY per- Halligan has been nominated to fill the Texas, a seat deemed to be a judicial taining to the introduction of S. 1944 ninth seat—one of three current vacan- emergency. Mr. Gilstrap received his are located in today’s RECORD under cies on the court. The Senate con- B.A. from Baylor in 1978 and his J.D. ‘‘Statements on Introduced Bills and firmed four of President Bush’s nomi- from Baylor University School of Law Joint Resolutions.’’) nees for the DC Circuit; however, the 1981. Mr. CASEY. Mr. President, I yield court’s caseload is higher now than it Mr. Gilstrap served as an associate the floor and suggest the absence of a was when President Bush’s nominees attorney for Abney, Baldwin & Searcy quorum. were confirmed. If Ms. Halligan was from 1981 to 1984. In 1984, he left to The PRESIDING OFFICER. The confirmed today, it would reduce the begin his own legal practice, Smith & clerk will call the roll. caseload from its current level of 161 Gilstrap, where he currently practices The assistant legislative clerk pro- cases to approximately 143 cases per representing individuals, corporations, ceeded to call the roll. judge. and local governments on civil mat- Mrs. GILLIBRAND. Mr. President, I Women have been woefully underrep- ters. ask unanimous consent that the order resented by the DC Circuit, often char- From 1989 to 2002, Mr. Gilstrap served for the quorum call be rescinded. acterized as the second most important as a county judge for Harrison County, The PRESIDING OFFICER. Without court in our entire Nation. Only 5 of where he had both administrative and objection, it is so ordered. the 57 judges serving throughout the judicial responsibilities. Mrs. GILLIBRAND. Mr. President, I history of the DC Circuit have been The ABA Standing Committee on the am proud to support Caitlin Halligan’s women. Ninety-one percent of the Federal Judiciary has rated Mr. nomination to the U.S. Court of Ap- judges on this court throughout its 41- Gilstrap with a unanimous ‘‘qualified’’ peals for the DC Circuit. year history have been men. rating. Caitlin Halligan’s impeccable career If we continue down this road of fili- Then we have the distinguished spans public and private practice, simi- bustering nominees simply because nominee from Montana, whom Senator lar to that of John Roberts when he their nomination originates across the BAUCUS just spoke about, Dana L. was confirmed unanimously to the DC aisle, we will establish an impossible Christensen, to be U.S. District Judge Circuit. Ms. Halligan served as solic- standard that no nominee could or for the District of Montana. itor general of New York, a leading ap- would ever meet. Mr. Christensen earned his B.A. from pellate lawyer at Weil, Gotshal & Caitlin deserves an up-or-down vote, Stanford University in 1973 and his J.D. Manges, and currently as general coun- just as the Republicans advocated for

VerDate Mar 15 2010 10:41 Dec 06, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G05DE6.025 S05DEPT1 smartinez on DSK7SPTVN1PROD with SENATE December 5, 2011 CONGRESSIONAL RECORD — SENATE S8177 their past judicial nominees. The bot- mittee on which I have served for 18 been waiting for an up-or-down vote on tom line is that there is no credible op- years—it is my great pleasure to speak the floor ever since. position to her nomination or her con- in support of Ms. Halligan, who has ex- It is an unfortunate sign of the times firmation. Caitlin Halligan has distin- celled at every turn during her distin- that my colleagues on the other side guished herself throughout her career. guished legal career. have held up her confirmation. She has established a commitment to She graduated cum laude from I understand that the National Rifle fairness, reasoned intellect, steadfast Princeton University in 1988. She re- Association is opposed to Ms. integrity, and profound respect for the ceived her law degree, magna cum Halligan’s confirmation. law. laude, from Georgetown University Behind the NRA’s opposition is the I look forward to supporting Caitlin Law Center, where she was managing fact that, while she was New York’s Halligan’s confirmation to the U.S. editor of the Georgetown Law Journal Solicitor General, the State of New Court of Appeals for the District of Co- and inducted into the Order of the Coif. York pursued public nuisance litiga- lumbia, and I urge my fellow col- She began her legal career with a tion against gun manufacturers. leagues to support her nomination. clerkship with Judge Patricia Wald on Think about that—any time a person NOMINATION OF JAMES RODNEY GILSTRAP the U.S. Court of Appeals for the D.C. represents a State or local government, ∑ Mrs. HUTCHISON. Mr. President, I Circuit—the first woman to serve on or the Federal Government, and takes am pleased today to support the nomi- that Court. a controversial position, that may nation of Mr. James Rodney Gilstrap She then spent a year in private jeopardize a later confirmation vote. to serve as a Federal district judge for practice at the Washington, DC firm, That is not fair. A government law- the Eastern District of Texas in Mar- Wiley, Rein, and Fielding, followed by yer’s job is to pursue the government’s shall, TX. a clerkship with Supreme Court Jus- interest vigorously and to do justice. Mr. Gilstrap attended Baylor Univer- tice Stephen Breyer. Ms. Halligan was appointed by the sity where he graduated magna cum After another year in private prac- Attorney General to represent the laude with a bachelor of arts degree in tice, Ms. Halligan began work in the of- State of New York, while the State had religion. Following his graduation, Mr. fice of the Attorney General of the a Republican Governor, George Pataki. Gilstrap continued his studies at State of New York, first as Chief of the Her job was to advance New York’s in- Baylor University Law School, where Internet Bureau. terest, and she did so with vigor. She he served as associate editor of the She rose to become Solicitor General should not be penalized for it. Baylor Law Review and received his of the State of New York, the State’s Senator SESSIONS made this point juris doctor in 1981. top appellate lawyer. She served in when the Senate was considering Judge Mr. Gilstrap began his professional that role from 2001 through 2007. Kavanaugh’s nomination. He said that career in Marshall, TX, where he still During nearly all of Ms. Halligan’s ‘‘[s]uggesting that service in an elec- resides today. In August of 1989, Mr. time as Solicitor General, George tive branch of Government somehow Gilstrap was appointed county judge of Pataki—a Republican—was Governor. tarnishes a lawyer’s reputation would Harrison County and was then elected Her job was to represent the State of be a terrible message for this body to to the same position for the next three New York zealously, and by all ac- send to the legal community and to all terms. In 2002, he retired as a county counts she did so with skill and dig- citizens.’’ judge and returned to private practice nity. I couldn’t agree more. at Smith & Gilstrap, where he still Judith Kaye, the former Chief Judge My Republican colleagues might also practices today. of New York’s highest court, writes on say that the D.C. Circuit’s caseload Mr. Gilstrap has earned the respect behalf of the Court’s entire bench that does not support another judge, but and esteem of the legal community he ‘‘it was invariably a treat’’ to have Ms. they have short memories. has served and his professional creden- Halligan argue before the Court. There are now three vacancies on the tials will continue the strong history In fact, the National Association of D.C. Circuit. That means that Ms. of the Federal bench in Texas. Attorneys General awarded Ms. Halligan would only fill the ninth seat, Mr. Gilstrap’s impressive career is Halligan the ‘‘Best Brief Award’’ for out of 11 on the Court. Two seats would complemented by his dedication to his five consecutive years, 2001, 2002, 2003, remain vacant. community. In addition to serving for 2004, and 2005. However, my colleagues were not so years as county judge, Mr. Gilstrap has Ms. Halligan left the Solicitor Gen- concerned about this issue when Presi- served on the board for the Harrison eral post in 2007 to become the head of dent Bush’s appointees were before the County Historical Society, the United the appellate practice at the pres- Senate. In fact, my Republican col- Way for Harrison County, and the Trin- tigious New York law firm, Weil, leagues supported filling the 10th seat ity Episcopal Day School. He also Gotshal, and Manges. on the Court twice, and the 11th seat served for 16 years on the Courthouse She has now returned to public serv- once. Preservation Council to help with the ice as the General Counsel of the New I will conclude by simply saying that renovation of the Marshall courthouse York County District Attorney’s Of- Ms. Halligan is a woman with sterling that was completed in 2009. Mr. fice—one of the largest prosecutor’s of- credentials, an exemplary record, and a Gilstrap’s passion for his work and his fices in the country. wealth of experience. community will be a tremendous asset Over the course of her distinguished She is President Obama’s first and to the Marshall bench. career, Halligan has served as counsel only nominee to the D.C. Circuit. She I join his family in congratulating for a party or amicus in the Supreme should be confirmed. him on all his outstanding accomplish- Court more than 45 times. NOMINATIONS OF EDGARDO RAMOS AND ANDREW ments: his wife Sherry Sullivan She has argued in the Supreme Court CARTER, SDNY Gilstrap, his daughter Lauren, who is herself in five cases, most recently in Mr. SCHUMER. Mr. President, today continuing her medical studies at Har- March of this year. She also has argued I rise to support two outstanding nomi- vard Medical School, and his son Ste- or participated in numerous other nees to the federal bench in the South- phen, who graduated from Yale Law cases before State and Federal appel- ern District of New York. School this year. late courts, including the New York Over the years, I have had the great I am pleased to recommend his con- Court of Appeals and the U.S. Court of good fortune to support many out- firmation to my colleagues.∑ Appeals for the Second Circuit. standing candidates to the federal NOMINATION OF CAITLIN HALLIGAN In short, Ms. Halligan is an accom- bench. Mrs. FEINSTEIN. Mr. President, I plished woman whose sterling quali- Rarely, however, have I come across rise to speak on the nomination of fications for the bench are unassail- two nominees who are as qualified, in Caitlin Halligan to be U.S. Circuit able. every possible way, to be federal judges Judge for the D.C. Circuit Court of Ap- Ms. Halligan was first nominated as Edgardo Ramos and Judge Andrew peals. more than 14 months ago. She was ap- Carter. As the first woman to serve on the proved by the Senate Judiciary Com- Ramos is the quintessential example Senate Judiciary Committee—a com- mittee nearly 9 months ago. She has of the American dream—he was born in

VerDate Mar 15 2010 10:41 Dec 06, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G05DE6.026 S05DEPT1 smartinez on DSK7SPTVN1PROD with SENATE S8178 CONGRESSIONAL RECORD — SENATE December 5, 2011 Puerto Rico and was 1 of 7 children The PRESIDING OFFICER. Without Johanns McConnell Schumer raised by a single mother in Newark, objection, it is so ordered. Johnson (SD) Menendez Sessions Johnson (WI) Mikulski Shaheen NJ. He excelled in school, earning his Mr. LEAHY. Mr. President, we are Kerry Moran Shelby bachelor’s degree from Yale and his law soon going to a rollcall vote on Kirk Murkowski Snowe degree from Harvard. Edgardo Ramos, of Connecticut, to be Klobuchar Murray Stabenow Kohl Nelson (NE) After graduating, he was an associate U.S. district judge for the Southern Tester Kyl Nelson (FL) Thune at the New York firm Simpson, Lautenberg Paul District of New York. We also have Toomey Thatcher & Bartlett, and then served Leahy Portman three others on here: Andrew L. Carter, Udall (CO) Lee Pryor for 10 years as an Assistant U.S. Attor- Jr., of New York, to be U.S. district Udall (NM) ney in the Eastern District of New Levin Reed judge for the Southern District of New Lieberman Reid Warner York, including as Deputy Chief of the York; James Rodney Gilstrap, of Manchin Risch Webb Whitehouse Narcotics Section. Since 2002, he has Texas, to be U.S. district judge for the McCain Roberts McCaskill Sanders Wyden been a partner in the New York law Eastern District of Texas; and Dana L. firm Day Pitney. Ramos has earned an Christensen, of Montana, to be U.S. NOT VOTING—11 outstanding reputation among his fel- district judge for the District of Mon- DeMint Landrieu Rubio low lawyers, prosecutors, and judges tana. Enzi Lugar Vitter and in the Hispanic community. I have Harkin Merkley Wicker I ask unanimous consent that fol- complete confidence that he will make Hutchison Rockefeller lowing the rollcall vote for Edgardo an excellent judge. The nomination was confirmed. Ramos, Andrew L. Carter, Jr., James Magistrate Judge Andrew Carter was The PRESIDING OFFICER. Under Rodney Gilstrap, and Dana L. born in Albany, GA and he came to the previous order, the question is, Will Christensen be considered by voice New York after graduating from the the Senate advise and consent to the vote. University of Texas at Austin and Har- nomination of Andrew L. Carter, Jr., of The PRESIDING OFFICER. Is there vard Law School. After law school, he New York, to be United States District objection? worked for two years at the Ford Foun- Judge for the Southern District of New Without objection, it is so ordered. dation and became a public defender in York? Mr. LEAHY. Mr. President, what is New York courts, both state and fed- The nomination was confirmed. the regular order? eral. He spent nine years at the New The PRESIDING OFFICER. Under The PRESIDING OFFICER. The York office of the Legal Aid Society, the previous order, the question is, Will Ramos nomination. and then four years at the Federal De- the Senate advise and consent to the The question is, Will the Senate ad- fenders of New York. nomination of James Rodney Gilstrap, vise and consent to the nomination of Since 2009, he has served as a United of Texas, to be United States District States magistrate judge in the Eastern Edgardo Ramos, of Connecticut, to be Judge for the Eastern District of District of New York, a position for United States District Judge for the Texas? which he was selected by a vote of the Southern District of New York? The nomination was confirmed. sitting district judges. And that is ter- Mr. LEAHY. I ask for the yeas and The PRESIDING OFFICER. Under rific training to be a Federal judge. nays. the previous order, the question is, Will Judge Carter is widely respected as a The PRESIDING OFFICER. Is there a the Senate advise and consent to the fair and mild-mannered magistrate sufficient second? judge who understands the courtroom nomination of Dana L. Christensen, of There is a sufficient second. Montana, to be United States District and the needs of litigants. The clerk will call the roll. Both Ramos and Judge Carter em- Judge for the District of Montana? The assistant editor of the Daily Di- The nomination was confirmed. body the three criteria that I look for gest called the roll. in a federal judge—excellence, modera- The PRESIDING OFFICER. Under Mr. DURBIN. I announce that the the previous order, the motions to re- tion, and diversity. Senator from Iowa (Mr. HARKIN), the Both have consistently risen to the consider are considered made and laid Senator from Louisiana (Ms. LAN- top, academically and professionally. upon the table, and the President will DRIEU), the Senator from Oregon (Mr. Both are entirely non-ideological— be immediately notified of the Senate’s they are lawyers who are respected by MERKLEY) and the Senator from West action. Virginia (Mr. ROCKEFELLER) are nec- all of their peers, and who have ap- f proached the law with respect and hu- essarily absent. mility. Mr. KYL. The following Senators are LEGISLATIVE SESSION And, both increase the diversity of a necessarily absent: the Senator from The PRESIDING OFFICER. The Sen- bench that serves one of the most di- South Carolina (Mr. DEMINT), the Sen- ate will now resume legislative session. verse populations in the country. I ator from Wyoming (Mr. ENZI), the f have always said that, all other things Senator from Texas (Mrs. HUTCHISON), being equal, diversity of backgrounds, the Senator from Indiana (Mr. LUGAR), MORNING BUSINESS experience, and ethnicity is an impor- the Senator from Florida (Mr. RUBIO), Mr. REID. Mr. President, I ask unan- tant consideration for federal judges. the Senator from Louisiana (Mr. VIT- imous consent that the Senate now So, I am pleased to have recommended TER) and the Senator from Mississippi proceed to a period of morning busi- two nominees to the federal bench who (Mr. WICKER). ness, with Senators permitted to speak are outstanding in every way. The PRESIDING OFFICER (Mr. for up to 10 minutes each. The bench of the Southern District of MENENDEZ). Are there any other Sen- The PRESIDING OFFICER. Without New York has been one of the hardest ators in the Chamber desiring to vote? objection, it is so ordered. hit by judicial vacancies—currently, 21 The result was announced—yeas 89, percent of its seats are open. With the nays 0, as follows: f addition of Edgardo Ramos and Judge [Rollcall Vote No. 221 Ex.] TRIBUTE TO PEGGY BULGER Andrew Carter, this important court YEAS—89 Mr. REID. Mr. President, Dr. Peggy will be closer to firing on all cylinders. Akaka Burr Crapo I look forward, with all New Yorkers, A. Bulger will retire at the end of De- Alexander Cantwell Durbin cember after more than 12 years of to their joining the bench. Ayotte Cardin Feinstein Mr. President, I suggest the absence Barrasso Carper Franken service to the Library of Congress. As of a quorum. Baucus Casey Gillibrand the Director of the Library’s American Begich Chambliss Graham Folklife Center, Dr. Bulger has worked The PRESIDING OFFICER. The Bennet Coats Grassley clerk will call the roll. Bingaman Coburn Hagan to preserve our Nation’s history for fu- The assistant editor of the Daily Di- Blumenthal Cochran Hatch ture generations. gest proceeded to call the roll. Blunt Collins Heller Dr. Bulger began her service as Di- Mr. LEAHY. Mr. President, I ask Boozman Conrad Hoeven rector of the American Folklife Center Boxer Coons Inhofe unanimous consent that the order for Brown (MA) Corker Inouye in 1999. She is the second person to the quorum call be rescinded. Brown (OH) Cornyn Isakson hold the position since the Folklife

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