Congressional Record—Senate S6945
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November 1, 2017 CONGRESSIONAL RECORD — SENATE S6945 The yeas and nays resulted—yeas 56, ics such as constitutional federalism popular wind, regardless of personal nays 42, as follows: and tort law, in addition to being a opinion. Whether considering the plain [Rollcall Vote No. 258 Ex.] clerk on the Supreme Court. She also meaning of a statute, discerning the YEA S—56 practiced commercial and appellate proper role of the courts, the legisla- Alexander Fischer Murkowski litigation at the Denver office of the tive branch, or the executive and its Barrasso Flake Paul national law firm Arnold and Porter. agencies, or evaluating the relation- Bennet Gardner Perdue She began her legal career as a clerk ships between the Federal Government Blunt Graham Portman to Judge Jerry E. Smith on the U.S. and the States, Justice Eid will side Boozman Grassley Risch Court of Appeals for the Fifth Circuit. with what the law says, and she will do Burr Hatch Roberts Capito Heitkamp Rounds Her law experience took her to the U.S. it in that commonsense, western way Cassidy Heller Rubio Supreme Court under Clarence Thom- that clearly and articulately tells the Cochran Hoeven Sasse as. Prior to attending law school, Jus- Collins Inhofe American people what the law is. Scott Corker Isakson tice Eid was a special assistant and I am privileged to know Justice Eid. Shelby Cornyn Johnson speechwriter for the U.S. Secretary of I have known her for a number of years Strange Cotton Kennedy Education, Bill Bennett. She received now from my days as a student at the Crapo Lankford Sullivan Cruz Lee Thune her law degree from the University of University of Colorado School of Law Daines Manchin Tillis Chicago Law School, where she was the and through her work in the State of Donnelly McCain Toomey articles editor of the Law Review. She Colorado at the time that I served in Enzi McConnell Wicker graduated with high honors and as a Ernst Moran Young the State legislature. She is an incred- member of the Order of the Coif. She ible human being with a delightful de- NAY S—42 received her degree in American stud- meanor that will suit the court well. Baldwin Gillibrand Peters ies from Stanford University, grad- Mr. President, I ask unanimous con- Blumenthal Harris Reed uating with distinction as a member of sent to have printed in the RECORD sev- Booker Hassan Sanders Brown Heinrich Schatz Phi Beta Kappa. eral letters in support of Justice Eid’s Cantwell Hirono Schumer What her resume clearly shows is nomination: a letter to Chairman Cardin Kaine Shaheen that whatever Justice Eid does, she GRASSLEY and Ranking Member FEIN- Carper King Stabenow does it at the highest level, with the Casey Klobuchar Tester STEIN from former law clerks of Justice Coons Leahy Udall best results. She has specialized knowl- Eid’s, as well as a letter from various Cortez Masto Markey Van Hollen edge of federalism, water law, and In- supporters in Colorado and one letter Duckworth Merkley Warner dian law, among other important areas from the Southern Ute Indian Tribe. Durbin Murphy Warren Feinstein Murray Whitehouse of the law. Indeed, the National Native There being no objection, the mate- Franken Nelson Wyden American Bar Association has even rial was ordered to be printed in the NOT VOTING—2 noted that she has ‘‘significantly more RECORD, as follows: experience with Indian law cases than McCaskill Menendez JULY 13, 2017. any other recent Circuit Court nomi- DEAR CHAIRMAN GRASSLEY AND RANKING The PRESIDING OFFICER. On this nee.’’ MEMBER FEINSTEIN: We are all of Justice vote, the yeas are 56, the nays are 42. We have had some pretty doggone Eid’s former law clerks (except those cur- The motion is agreed to. good circuit court nominees in the rently clerking for a federal judge and not f past, including Justice Neil Gorsuch, permitted to sign) since she began her tenure whose seat she will be filling on the on the Colorado Supreme Court in 2006, and EXECUTIVE CALENDAR we write to give our fullest support to her Tenth Circuit Court. These are con- The PRESIDING OFFICER. The nomination to be a judge on the United cepts that are critical to my home States Court of Appeals for the Tenth Cir- clerk will report the nomination. State of Colorado, and her expertise cuit. We come from a diverse set of geo- The senior assistant legislative clerk will prove to be invaluable to the graphic, economic, cultural, and political read the nomination of Allison H. Eid, Tenth Circuit Court, as well as to the backgrounds, yet we are united in our belief of Colorado, to be United States Cir- Nation and the people of this country. that Justice Eid is a jurist and a person of cuit Judge for the Tenth Circuit. But as impressive as her credentials the highest caliber and character. We have The PRESIDING OFFICER. The Sen- are, it is her demeanor and her ap- each learned so much from her. ator from Colorado. proach to the law that make her ideal- Justice Eid was raised by a single mother Mr. GARDNER. Mr. President, I rise in Spokane, Washington under challenging ly suited for the court. Justice Eid has circumstances, after her father abandoned today to add my voice and my strong been called a ‘‘mainstream, common- her family. Justice Eid began college at the support for the confirmation of Colo- sense Westerner.’’ She is also, as her University of Idaho, but with the support rado Supreme Court Justice Allison former law clerks have noted, ‘‘fiercely and encouragement of her mother and a pro- Eid as the next U.S. court of appeals independent,’’ and she will decide cases fessor there, Justice Eid transferred to Stan- judge for the Tenth Circuit Court, ‘‘as she believes the law requires.’’ At ford University where she graduated with which, of course, is housed in Denver, the same time, she seeks out different distinction and was a member of the Phi CO. viewpoints and wants to understand all Beta Kappa honor society. After Stanford, There is no doubt that Justice Eid is she served as a speechwriter to President sides of the issue she addresses. Ronald Reagan’s Secretary of Education, superbly qualified for this position. For That is the law professor I know from William Bennett, and then went on to attend the past decade, she has served Colo- my days at the University of Colorado the University of Chicago Law School, where rado as a justice on the supreme court. School of Law. I can say from that ex- she served as Articles Editor on the Law Re- In 2008, Justice Eid was overwhelm- perience that while Justice Eid has her view, graduated with High Honors, and was ingly retained by the people of Colo- perspectives on the law, she cares very elected Order of the Coif. Justice Eid began rado. We have a system where every deeply about robust debate and hearing her legal career as a law clerk for Judge decade the voters of Colorado vote to the views of others. And I know from Jerry Smith on the United States Court of retain or dismiss a judge, and every Appeals for the Fifth Circuit. She then my classmates who had Justice Eid as served as a law clerk to Justice Clarence time that has come before the people of their professor—those classmates Thomas on the United States Supreme Colorado, she has been overwhelmingly didn’t always agree with her perspec- Court. retained by the people of Colorado. tives, but Justice Eid was open to their In private practice at Arnold and Porter Prior to her appointment, Justice debate and hearing their views. She en- following her clerkships, Justice Eid prac- Eid represented the State of Colorado gaged them, and she was never biased ticed both commercial and appellate litiga- before the State federal courts as our against differing perspectives but al- tion for a variety of clients. She departed State solicitor general. She served as a ways applying the law as the law re- private practice and joined academia where tenured member of the faculty at the she became a tenured professor at the Uni- quired, not as opinions suited. versity of Colorado Law School, teaching University of Colorado Law School, I also know that ‘‘fiercely inde- Legislation, Constitutional Law, and Torts, where she taught courses in constitu- pendent’’ jurist whom her former and serving as the faculty clerkship advisor. tional law, legislation, torts, and she clerks spoke so highly of. Justice Eid During her time at the University of Colo- has published scholarly articles on top- will follow the law regardless of the rado, Justice Eid continued her service in VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.002 S01NOPT1 S6946 CONGRESSIONAL RECORD — SENATE November 1, 2017 the Colorado legal community as President We close by reflecting on our fond memo- breadth of experience. We also know her to of the Colorado Association of Corporate ries of our experiences as law clerks under be a compassionate and caring person, deeply Counsel. In 2005 she was appointed by Colo- Justice Eid, whether it was a lunch to cele- involved in the broader community and rado Attorney General John Suthers to serve brate a birthday, officiating numerous of our called to service, not only in her day job, but as the Solicitor General of Colorado. One weddings, or the annual holiday and summer through her extensive volunteerism toward year later, Governor Bill Owens appointed parties that she hosts.