Congressional Record—Senate S117
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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION Vol. 151 WASHINGTON, TUESDAY, MAY 10, 2005 No. 60 House of Representatives The House met at 12:30 p.m. clusions reached about Iraq’s weapons committees that deal with intelligence f of mass destruction programs. matters now. The committee could gar- The 9/11 Commission took the first ner input from various groups includ- MORNING HOUR DEBATES step in identifying what ails the intel- ing the intelligence community, other The SPEAKER. Pursuant to the ligence community, by pointing out governmental organizations such as order of the House of January 4, 2005, that it’s a community in name only. It CRO, CBO and GAO, and from outside the Chair will now recognize Members needs centralized direction and coordi- groups such as think tanks, former from lists submitted by the majority nation. The intelligence reform bill Members of Congress, and experts in and minority leaders for morning hour Congress enacted last year establishes the field. debates. The Chair will alternate rec- a director of national intelligence and Moreover, both the 9/11 Commission ognition between the parties, with each tries to address this problem. and the Robb-Silverman Commission party limited to not to exceed 30 min- I also believe that Congress did not made suggestions about how Congress utes, and each Member except the ma- challenge the intelligence community should reform itself to do a better job jority leader, the minority leader or aggressively enough before we invaded with intelligence issues. -
Statement of Senator Patrick Leahy (D-Vt.), Chairman, Senate Judiciary Committee, on Cloture on the Nomination of Caitlin Halligan to the D.C
Statement Of Senator Patrick Leahy (D-Vt.), Chairman, Senate Judiciary Committee, On Cloture On The Nomination Of Caitlin Halligan to the D.C. Circuit December 5, 2011 Tomorrow the Senate should be holding an up-or-down vote on the long-delayed nomination of Caitlin Halligan to fill one of three vacancies on the Court of Appeals for the D.C. Circuit. Instead, for the seventh time since President Obama took office 34 months ago, we are required to overcome a Republican filibuster for the Senate to consider one of President Obama’s superbly qualified judicial nominees. Ms. Halligan, President Obama’s first nominee to the important D.C. Circuit, is the former Solicitor General for the State of New York. With an impressive record in private practice and public service, she is widely respected for the quality of her work as an advocate. Indeed, Ms. Halligan’s nomination was greeted with bipartisan support and has since garnered endorsements from law enforcement officials and organizations, women’s organizations, law school deans and professors, judges and preeminent lawyers from across the political spectrum. The Judiciary Committee favorably reported Ms. Halligan’s nomination nearly nine months ago. By any traditional standard, she is the kind of superbly qualified nominee who should easily have been confirmed by the Senate months ago with the support of both Republicans and Democrats. I am disappointed that yet again instead of seeing bipartisan cooperation we are required to seek cloture. New Standards for President Obama’s Judicial Nominations From the beginning of the Obama administration, we have seen Senate Republicans shift significantly away from the standards they used to apply to the judicial nominations of a Republican President. -
Filling the D.C. Circuit Vacancies Carl W
University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 2015 Filling the D.C. Circuit Vacancies Carl W. Tobias University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/law-faculty-publications Part of the Courts Commons, Judges Commons, and the President/Executive Department Commons Recommended Citation Carl W. Tobias, Filling the D.C. Circuit Vacancies, 91 Ind. L.J. 121 (2015). This Article is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. INDIANA LAW JOURNAL Volume 91 Number 1 Early Winter 2015 © Copyright 2015 by the Trustees of Indiana University CONTENTS SYMPOSIUM: ACADEMIC FREEDOM FOR THE NEXT 100 YEARS FOREW ORD .............................................................................. Steve Sanders 1 THE SOCIAL VALUE OF ACADEMIC FREEDOM DEFENDED ...... J. PeterByrne 5 ACADEMIC DUTY AND ACADEMIC FREEDOM .............................. Amy Gajda 17 THE REGRETTABLE UNDERENFORCEMENT OF INCOMPETENCE AS CAUSE To DISMISS TENURED FACULTY ............... David M Rabban 39 AAUP 1915 STATEMENT ON ACADEMIC FREEDOM ....................................... 57 ARTICLES THE GOVERNMENT'S LIES AND THE CONSTITUTION ................ Helen Norton 73 FILLING THE D.C. CIRCUIT VACANCIES ...................................... Carl Tobias 121 NOTES INCENTIVIZING THE PROTECTION OF PERSONALLY IDENTIFYING CONSUMER DATA AFTER THE HOME DEPOT BREACH ............................... Ryan F. Manion 143 No ORDINARY FISH TALE: WORKING TOWARD A TRANSNATIONAL SOLUTION TO THE COD CRISIS IN THE GULF OF MAINE ............ Michael Ruderman 165 Filling the D.C. Circuit Vacancies CARL TOBIAS* IN TR OD UCTION ..................................................................................................... -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION Vol. 149 WASHINGTON, WEDNESDAY, FEBRUARY 12, 2003 No. 26—Part II Senate EXECUTIVE SESSION The problem here is that he didn’t cuit Court of Appeals for the District answer the questions the way they of Columbia. wanted him to. He answered them the Mr. SANTORUM. Mr. President, will NOMINATION OF MIGUEL A. way he should have. We put those ques- the Senator yield for a question? ESTRADA, OF VIRGINIA, TO BE tions and those answers into the UNITED STATES CIRCUIT JUDGE Mr. HATCH. I am happy to yield for RECORD today. a question without losing my right to FOR THE DISTRICT OF COLUM- It is unfair, after what this man has BIA CIRCUIT the floor. gone through—after all the hearings, Mr. SANTORUM. Mr. President, one (Continued) all the questions, all the time that has of the issues I have heard raised by the The PRESIDENT pro tempore. The elapsed—almost 2 years—that this other side is that the nominee has not Senator from Utah. highly qualified individual is now being had judicial experience. In fact, the Mr. HATCH. Mr. President, here we filibustered on the floor of the Senate. chairman of the House Democratic His- are in the middle of an unprecedented If the Democrat Members of the Sen- panic Caucus wrote a letter to the Ju- filibuster against the first Hispanic ate do not like his answers, then they diciary Committee, I understand. -
The Judicial Nominations Wars, 39 U
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Richmond University of Richmond Law Review Volume 39 Issue 3 Allen Chair Symposium 2004 Federal Judicial Article 5 Selection 3-2005 The udicJ ial Nominations Wars William P. Marshall University of North Carolina School of Law Follow this and additional works at: https://scholarship.richmond.edu/lawreview Part of the Constitutional Law Commons, Courts Commons, Election Law Commons, Judges Commons, and the Supreme Court of the United States Commons Recommended Citation William P. Marshall, The Judicial Nominations Wars, 39 U. Rich. L. Rev. 819 (2005). Available at: https://scholarship.richmond.edu/lawreview/vol39/iss3/5 This Symposium Articles is brought to you for free and open access by the Law School Journals at UR Scholarship Repository. It has been accepted for inclusion in University of Richmond Law Review by an authorized editor of UR Scholarship Repository. For more information, please contact [email protected]. THE JUDICIAL NOMINATIONS WARS William P. Marshall * Although there is much that divides the speakers here today, there is one point upon which there is general agreement-the judicial nominations process has become increasingly divisive and is exacting a considerable toll on both the candidates and on the process itself. Indeed, it may very well be, as Judge Jones sug- gests, that the delays, partisanship, and acrimony currently dominating the process are deterring some able and talented law- yers from seeking positions in the federal judiciary.' In part, I suspect that the current judicial nominations battles are simply symptomatic of the broader political and cultural wars that so deeply divide this country. -
Congressional Record—Senate S8167
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. -
CONGRESSIONAL RECORD—SENATE May 10, 2005 I Guess That Is Not Happening in the U.N
8992 CONGRESSIONAL RECORD—SENATE May 10, 2005 I guess that is not happening in the U.N. agencies and humanitarian orga- supplemental was where we could do Sudan. At the same time we are chal- nizations are doing everything they much of this. Some of that we stepped lenging autocrats around the world, it can, a heroic job of getting assistance back from. seems we are seeking accommodation to these camps. But I have to tell you, Our values as a nation and our na- with what I consider a barbarous gov- there is a serious shortfall between a tional security require us to speak up ernment in Sudan. quality of life that is just sustainable and confront these problems. At the same time we are saying we and reality. The terrain in eastern The ACTING PRESIDENT pro tem- are standing with those who stand for Chad is dry, infertile and, frankly, the pore. All time in morning business has freedom, we are turning our backs on environment is bleak. It barely sup- now expired. the human rights of the people of ports the Chadians who live in the Mr. CORZINE. I thank the Presiding Darfur. It is not enough to say that be- area. There is not enough water and Officer. I hope my colleagues will con- cause the Sudanese Government shows certainly limited amounts of food. It sider this legislation when we bring it some signs of cooperation on some needs to change. back to the floor. It needs to be fought fronts, this justifies our turning our That is why we need to speak out and for. -
Filling the D.C. Circuit Vacancies
Indiana Law Journal Volume 91 Issue 1 Article 7 12-15-2015 Filling the D.C. Circuit Vacancies Carl W. Tobias University of Richmond, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Administrative Law Commons, Courts Commons, Judges Commons, and the Law and Politics Commons Recommended Citation Tobias, Carl W. (2015) "Filling the D.C. Circuit Vacancies," Indiana Law Journal: Vol. 91 : Iss. 1 , Article 7. Available at: https://www.repository.law.indiana.edu/ilj/vol91/iss1/7 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Filling the D.C. Circuit Vacancies Erratum Note: This Early Winter issue replaces the normal Fall issue of the Indiana Law Journal. This article is available in Indiana Law Journal: https://www.repository.law.indiana.edu/ilj/vol91/iss1/7 Filling the D.C. Circuit Vacancies CARL TOBIAS INTRODUCTION ...................................................................................................... 121 I. A SKETCH OF THE D.C. CIRCUIT ......................................................................... 122 II. OBAMA ADMINISTRATION SELECTION .............................................................. 123 A. DESCRIPTIVE ANALYSIS........................................................................... 123 B. -
LECTURE Delivered October 24, 2018 No
LECTURE DELIVERED OCTOBER 24, 2018 No. 1303 | JANUARY 25, 2019 The Descent of Advice and Consent: Perspectives from a 42-Year Tour of Duty The Honorable Orrin G. Hatch Abstract During his 42-year career in the Senate, Senator Orrin Hatch (R–UT) Key Points participated in the confirmation of more than half of all Article III judges who have ever served. During this time, a lot has changed about n The Kavanaugh confirmation represented a sort of culmina- the confirmation process. Both sides used to work together, or, at the tion of everything the confirma- very least, used to try to treat each other’s nominees fairly. The delay tion wars had been building to tactics that have become so commonplace used to be pretty rare. The over the past 30 years. nomination of Robert Bork in 1987 brought a sea change to the confir- n The Bork hearings gave us vilifi- mation process, with character assassination, shameless misrepresen- cation and defamation coupled tations of the nominee’s record, and partisan warfare. The only hope is with gross distortions of the that perhaps someone someday will take a step back and say, “Enough. nominee’s record. The Thomas Let’s try to work together again.” If things are going to improve, it is hearings gave us character going to take some real effort at rebuilding trust—and perhaps a leap assassination and the politics of faith or two. of personal destruction. We saw elements of both of these Introduction approaches in subsequent confirmations, particularly the It’s a real honor to be here at The Heritage Foundation. -
Congressional Record—Senate S4806
S4806 CONGRESSIONAL RECORD — SENATE May 10, 2005 our values are universal. Speaking on Chad, I met with President Deby and EMERGENCY SUPPLEMENTAL AP- Darfur last year, he asked: also with members of the joint com- PROPRIATIONS ACT FOR DE- How can a citizen of a free country not pay mission—Chadians engaged in diplo- FENSE, THE GLOBAL WAR ON attention? How can anyone, anywhere, not matic negotiations between the Gov- TERROR, AND TSUNAMI RELIEF feel outraged? How can a person, whether re- ernment of Sudan and the Darfur ACT, 2005—CONFERENCE REPORT ligious or secular, not be moved by compas- rebels. We met with the rebels them- sion? And above all, how can anyone who re- The ACTING PRESIDENT pro tem- members remain silent? selves. People want peace. We met with pore. Under the previous order, the Senate will proceed to the consider- Mr. President, I just returned from people in the African Union in Addis ation of the conference report to ac- the region. Unfortunately, the Govern- Ababa, Ethiopia. company H.R. 1268, which the clerk ment of Sudan denied me the visa that Bringing these players together—not will report. I needed to visit the camps inside to mention the parties in the north- The assistant legislative clerk read Sudan. Instead, I went to Chad, where south agreement in Sudan, the EU, as follows: there are about 200,000 displaced refu- NATO, and U.N. Security Council The committee of conference on the dis- gees from Darfur. members—is a full time job. It needs agreeing votes of the two Houses on the What do the Sudanese have to hide? the attention of an individual to make amendments of the Senate to the bill (H.R. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION Vol. 149 WASHINGTON, THURSDAY, FEBRUARY 6, 2003 No. 22 House of Representatives The House was not in session today. Its next meeting will be held on Friday, February 7, 2003, at 10:00 a.m. Senate THURSDAY, FEBRUARY 6, 2003 The Senate met at 9:30 a.m. and was lic for which it stands, one nation under God, EXECUTIVE SESSION called to order by the President pro indivisible, with liberty and justice for all. tempore (Mr. STEVENS). f NOMINATION OF MIGUEL A. PRAYER ESTRADA, OF VIRGINIA, TO BE The Chaplain, Dr. Lloyd John UNITED STATES CIRCUIT JUDGE RESERVATION OF LEADERSHIP Ogilvie, offered the following prayer: FOR THE DISTRICT OF COLUM- TIME Almighty God, who never sends trag- BIA CIRCUIT edies or trouble but is with us in the The PRESIDENT pro tempore. Under The PRESIDING OFFICER (Ms. MUR- midst of nerve-stretching times to give the previous order, leadership time is KOWSKI). Under the previous order, the us courage, we fall on the knees of our reserved. Senate will return to executive session hearts seeking the peace and hope only to resume consideration of Executive You can provide. When there is no- f Calendar No. 21, which the clerk will where else to turn it’s time to return report. to You. With the untimely death of the The legislative clerk read the nomi- heroic astronauts, we are reminded of RECOGNITION OF THE ACTING MAJORITY LEADER nation of Miguel A. -
U.S. Department of Justice Office of Information Policy October 17, 2018
U.S. Department of Justice Office of Information Policy Suite 11050 1425 New York Avenue, NW Washington, DC 20530-0001 Telephone: (202) 514-3642 October 17, 2018 Mr. Gabe Roth Fix the Court 1440 G Street NW, Suite 801 Re: DOJ-2018-007104 (OLP) Washington, DC 20005 18-cv-02091 (D.D.C.) [email protected] VRB:SJD Dear Mr. Roth: This is our second interim response to your Freedom of Information Act (FOIA) request dated and received in this Office on July 24, 2018, for correspondence between the Office of Legal Policy and Brett Kavanaugh from January 20, 2001 to May 30, 2006. This response is made on behalf of the Office of Legal Policy (OLP). In our letter dated October 5, 2018, we provided you with an interim release of seventy- four pages containing records responsive to your request. At this time, I have determined that an additional 619 pages are appropriate for release without excision, and copies are enclosed. For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c) (2012 & Supp. V 2017). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. If you have any questions regarding this response, please contact Laura Hunt of the Department’s Civil Division, Federal Programs Branch at (202) 616-8207.