S568 CONGRESSIONAL RECORD — SENATE February 4, 2004 with this vote, which is fine with me, if the Senate proceed to a vote on the tigious Phi Beta Kappa fellowship. I could be recognized following this confirmation and, following the vote, After graduating from U of I, he won vote to offer my amendment, I would the President be immediately notified the highly sought after Marshall Schol- very much appreciate that. of the Senate’s action and the Senate arship to attend Oxford. While there, I would ask the Senator from Mis- return to legislative session. he received a B.A. and M.A. in jurispru- souri whether I might be recognized The PRESIDING OFFICER. Is there dence and won first class honors at Ox- following the vote. objection? ford. Returning from his Marshall Mr. BOND. Mr. President, on this Without objection, it is so ordered. scholarship to the United States, he side I am not authorized to enter into f matriculated at the Harvard Law that type of UC. I assure the Senator School. He did similarly well at Har- EXECUTIVE SESSION and my colleagues on the other side we vard. He became an editor of the Har- will work with them. There is a con- vard Law Review. cern about moving into the commerce NOMINATION OF MARK R. FILIP In Mark Filip’s second year at Har- title. We will work with him if we can TO BE U.S. DISTRICT JUDGE FOR vard, he won the Sears Prize, which is move forward on the consent for the THE NORTHERN DISTRICT OF IL- given annually to the two students of judge vote; then we will work on this, LINOIS the second year class who achieved the if we can get consent for that. highest grades. Ultimately, in the The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The early 1990s, Mark Filip graduated objection? clerk will state the nomination. magna cum laude from Harvard Law The Senator from Nevada. The legislative clerk read the nomi- School. Mr. REID. Reserving the right to ob- nation of the Mark R. Filip, of Illinois, He began his professional career in ject, I will go along with what the Sen- to be U.S. District Judge for the North- Chicago, serving as an associate at ator from Missouri requests. It is kind ern District of Illinois. Kirkland & Ellis, one of the best and of unfair to the Senator from North The PRESIDING OFFICER. Who oldest firms in Chicago. After a couple Dakota. We have been begging people yields time? of years in the Kirkland & Ellis Chi- to offer amendments. He shows up to The Senator from Illinois is recog- cago office, he moved to the U.S. At- offer one and now we cannot do it. It nized. torney’s Office and became an assistant doesn’t seem very fair. We may be Mr. FITZGERALD. Mr. President, I U.S. attorney in the Northern District waiting a long time based upon state- take just a few moments to introduce of Illinois, where he gained a lot of ex- ments by the chairman in the Cham- to my colleagues the nominee on whom perience in a wide variety of criminal ber. I am happy— we are going to be voting in a couple of cases that he prosecuted successfully, Mr. DORGAN. Mr. President, reserv- minutes. I recommended Mark Filip to including racketeering, white-collar ing the right to object—and I will not President Bush. President Bush nomi- crime, public corruption, tax fraud object—if you want Members to come nated him. Senator DURBIN concurred cases; and he successfully defended the to the floor with germane amendments, in my recommendation to President U.S. Attorney’s Office on appeal in I am here. I have been hearing that a Bush. I thank Senator DURBIN for his many of those cases. lot today. I have one and it is not a big support in this effort. I also thank Mark Filip returned to the private amendment. What I hear being said at Chairman HATCH and Senator LEAHY on sector. After leaving the U.S. Attor- the moment is perhaps you want to go the Judiciary Committee, and all mem- ney’s Office, he became an associate at through this bill by title, which is bers of the Judiciary Committee, for Skadden Arps in 1999, and in 2001 he be- something I have not heard before. It helping to move this nomination for- came a partner at Skadden Arps. should be open to amendment at any ward to the floor. In recent years, he has been an ad- point. That is the reason that, for the I think one of the most difficult junct professor of law at Northwestern last hour or so, I put this amendment tasks most of us have in the Senate is University and the University of Chi- together. finding outstanding nominees to the cago Law School, both outstanding in- My hope is that the Senator from Federal judicial branch of Government. stitutions. Missouri and those managing will un- In many cases, at least from my per- Now, again, I emphasize how de- derstand, when we are ready to offer an spective, the choice has been very dif- lighted I am to be able to present to amendment, you ought to welcome it. I ficult. Oftentimes, we will get 80 appli- my colleagues in the Senate such a hope when I seek recognition, you will cants for a single district court judge- well-qualified nominee, Mark Filip, allow me to offer it. I expect to speak ship opening in Chicago and you have who is a very young man. He has four 8 or 10 minutes. If you want to lay it to pick just one person. That one per- children, who range in age from 8 aside then and work on it, I am happy son, obviously, is very happy and you months to 6 years. He is in his late to do that. I shall not object. have many others who are disappointed thirties, and I expect that if he goes on The PRESIDING OFFICER. Is there that they did not get chosen. the district court in Chicago at this objection to the request by the Senator In this case, I was elated to find a early age, he may well have the oppor- from Missouri? person of such outstanding credentials tunity to rise to the circuit court of Mr. REID. Mr. President, when are that I could wholeheartedly rec- appeals. we going to have the vote? It is past 4 ommend him to the President. I think I neglected to mention that between o’clock. in the case of this nominee, Mark R. law school and his professional career, Mr. BOND. I believe at this point it is Filip, we are in fact lucky to have he had two very prized judicial clerk- necessary to revise the unanimous con- someone of his caliber who is willing to ships. He served as a law clerk to Ste- sent. First, I say to my friend from leave a very lucrative practice in the ven Williams on the DC Court of Ap- North Dakota that the title he wants private sector. He is now a partner at peals and then as a law clerk for Su- to amend has not been offered. That is Skadden Arps’ Chicago office. He is preme Court Justice Scalia. a problem on which we are going to willing to leave that very prestigious I am confident, having researched have to work. We have only offered the position to move into public service and talked to all those he has worked EPW portion. and become a district court judge in with over the years, that there is no I asked unanimous consent that the Northern District of Illinois. question he will make a superior dis- there be 5 minutes equally divided be- Mark Filip lives in Winnetka, IL, trict court judge. tween the chairman and the ranking with his wife Beth. They have four Mr. President, I yield the floor. member and, thereafter, there be a sons. Mr. LEAHY. Mr. President, today, we vote on the nomination of Mark R. Mark grew up in Chicago and at- are considering the nomination of Filip, of Illinois, to be U.S. District tended the University of Illinois at Mark filip to the U.S. District Court Judge for the Northern District of Illi- Champaign. He graduated summa cum for the Northern District of Illinois. nois. laude from the University of Illinois. The vote today on Mr. Filip is the sec- I renew my request. Following the 5 While there, he received many aca- ond vote on a judicial nominee this minutes, I ask unanimous consent that demic fellowships, including the pres- year, and demonstrates the Democrats’

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.046 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S569 remarkable cooperation on judicial them around and to people outside of This week, the chairman of the Sen- nominations despite years of intensi- the Senate. This is no small mistake. ate Judiciary Committee will hold a fied Republican partisanship and It is a serious breach of trust, morals, third hearing for circuit court nomi- unilateralism. the standards that govern Senate con- nees. Traditionally, the number of Over the past 2 weeks, I have shared duct and possibly, criminal laws. We do nominees who have received hearings with the Senate several disappointing not yet know the full extent of these and who are confirmed in a Presi- developments regarding judicial nomi- violations. But we do need to repair the dential election year has been lower nations: The Pickering recess appoint- loss of trust brought on by this breach than in other years. In 1996, only four ment, the renomination of Claude of confidentiality and privacy if we are circuit court nominees by President Allen, and the theft of Democratic of- ever to be able to resume our work in Clinton received a hearing from the fices’ computer files by Republican the spirit of cooperation and mutual Republican Senate majority all year, staff. In spite of all those affronts, Sen- respect that is so necessary to make and it took until July 31 to have a ate Democrats cooperated to confirm a progress. hearing for the third circuit court nominee last week and are cooperating This is an administration that prom- nominee. By that standard, Chairman to confirm another district court nomi- ised to unite the American people but HATCH has now moved seven times nee today. We do so without the kinds that has chosen time and again to act more quickly than he did for President of delays and obstruction that Repub- with respect to judicial nominations in Clinton’s nominees in 1996. licans used with President Clinton’s ju- a way that divides us. This is an ad- In 2000, only five circuit court nomi- dicial nominees. ministration that squandered the good- nees by President Clinton received a Last week, I discussed the recess ap- will and good faith that Democrats hearing from the Republican Senate pointment of Judge Charles Pickering showed in the aftermath of September majority. Of course, two of those out- to the U.S. Court of Appeals for the 11, 2001. This is an administration that standing and well-qualified nominees Fifth Circuit, which was President refused to acknowledge the strides we in 2000 were never allowed to be consid- Bush’s most cynical and divisive ap- made in filling 100 judicial vacancies ered by the committee or the Senate. pointment to date. That appointment under Democratic Senate leadership in By contrast, as of tomorrow we will is without the consent of the United 2001 and 2002 while overcoming anthrax have held hearings for three circuit States Senate and is a particular af- attacks and in spite of Republican mis- court nominees. By the standard Re- front to the many individuals and treatment of scores of qualified, mod- publicans set in 1996 and 2000, we would membership organizations representing erate judicial nominees of President be done for the entire year. African-Americans in the Fifth Circuit Clinton. I congratulate the Democratic Sen- who have strongly opposed this nomi- Democratic cooperation with the ators on the committee for showing a nation. Never before had a judicial President’s slate of judicial nominees spirit of cooperation and restraint in nomination rejected by the Judiciary has been remarkable in these cir- the face of a White House and Repub- Committee after a vote been resub- cumstances. With the overall coopera- lican majority that so often has re- mitted to the Senate, but this Presi- tion of Senate Democrats, which par- fused to consult, compromise or concil- tisan Republicans are loath to concede, dent took that unprecedented step last iate. I regret that our efforts have not this President has achieved record year. Never before has a judicial nomi- been fairly acknowledged by partisan numbers of judicial confirmations. De- nation debated at such length by the Republicans and that this administra- spite the attacks of September 11 and Senate, and to which the Senate has tion continues down the path of con- their aftermath, as of today, the Sen- withheld its consent, been the subject ate will have confirmed 171 of Presi- frontation. While there have been con- of a presidential appointment to the dent Bush’ nominees to the Federal troversial nominees whom we have op- Federal bench. The Pickering recess bench. This is more judges than were posed as we exercise our constitutional appointment is another dangerous step confirmed during President Reagan’s duty of advice and consent to lifetime down the Republican’s chosen path to entire first 4-year term. Thus, Presi- appointments on the Federal bench, we erode judicial independence for the dent Bush’s 3-year totals rival those have done so openly and on the merits. sake of partisanship and their ideolog- achieved by other Presidents in 4 For the last 3 years I have urged the ical court-packing efforts. years. That is also true with respect to President to work with us. It is with The second disappointing develop- the nearly 4 years it took for President deep sadness that I see that this ad- ment I spoke about last week was the Clinton to achieve these results fol- ministration still refuses to accept the renomination of Claude Allen as a lowing the Republicans’ taking major- Senate’s shared responsibility under nominee to the fourth Circuit. Two ity control of the Senate in 1994. the Constitution and refuses to appre- weeks ago, the President sent the nom- The 69 judges confirmed last year ex- ciate our level of cooperation and ination of Claude Allen back to the ceeds the number of judges confirmed achievement. Senate. From the time this nomination during any of the 6 years from 1995 to That we are proceeding to confirm was originally made to the time it was 2000 when Republicans controlled the Mark Filip today is another example of returned to the President last year, the Senate during the Clinton Presidency, extraordinary Democractic coopera- Maryland Senators have made their po- years in which there were far more va- tion to fill vacancies in the Federal ju- sition crystal clear. This Fourth Cir- cant Federal judgeships than exist diciary, despite the Republicans’ con- cuit vacancy is a Maryland seat and today. Among those 69 judges con- sistent and unprecedented attacks. Un- ought to be filled by an experienced, firmed in 2003 were 13 circuit court fortunately, Mark Filip is another qualified Marylander. Over the Senate judges. That exceeds the number of cir- young, Federalist Society member recess, the White House had ample cuit judges confirmed during any of whose record raises concerns, just as time to find such a nominee. This re- 1995, 1996, 1997, 1999, and 2000, when a the record of far too many of President fusal to compromise is just another ex- Democrat was President. Bush’s judicial nominees. ample of the White House engaging in The Senate has already confirmed 30 First, Mr. Filip is only 37 years old. partisan politics to the detriment of an circuit court judges nominated by He has been out of law school less than independent judiciary President Bush. This is a greater num- 12 years and just a decade ago he was Third, last week, I also mentioned ber than were confirmed at this point clerking across the street for Justice with disappointment the ongoing fall- in the presidencies of his father, Presi- Scalia. Second, his record dem- out from the cyber theft of confidential dent Clinton, or the first term of Presi- onstrates a partisan, political back- memoranda from Democratic Senate dent Reagan. Vacancies on the Federal ground. Mr. Filip worked as a volun- staff. This invasion was perpetrated by judiciary have been reduced to the low- teer Republican election monitor in Republican employees both on and off est point in two decades and are lower Broward County, Florida during the the committee. As revealed by the than Republicans allowed at any time manual recount of ballots in the con- chairman, computer security was com- during the Clinton Presidency. In addi- tentious 2000 election. Mr. Filip has promised and, simply put, members of tion, there are more Federal judges also made several contributions to Re- the Republican staff took things that serving on the bench today than at any publican candidates and political ac- did not belong to them and passed time in American history. tion committees. While in law school,

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.018 S04PT1 S570 CONGRESSIONAL RECORD — SENATE February 4, 2004 he was vice president of the Harvard and that would have limited Congress’ into virtual immunity from suit’’ and Law School Federalist Society and he authority under the Commerce Clause. noted that ‘‘the President is not ‘above authored an article entitled ‘‘Why In this case, decided in December, the the law,’ he is subject to judicial proc- Learned Hand Would Never Consult question was whether a core function ess.’’ Legislative History Today.’’ In this ar- of municipal government—the provi- The full D.C. Court of Appeals denied ticle, Mr. Filip argues that legislative sion of firefighting services—impacts Vice President CHENEY’s petition for history should be rejected by judges be- interstate commerce such that an indi- rehearing en banc. Judge Roberts dis- cause it reflects nothing more than the vidual can be indicted under a Federal sented. He would have indulged the desires of congressional staff and lob- antiarson statute for destroying a fire Vice President’s desperate attempts to byists, and because it does not reflect station. The majority Sixth Circuit avoid compliance with court orders by the majority will of Congress. More im- panel held that the fire station was granting a motion for rehearing, de- portant, Mr. Filip wrote that, when used in an activity affecting interstate spite the fact that the D.C. Circuit’s confronted with statutory language commerce, relying on the express lan- five judge majority was the fourth that would lead to an absurd result, a guage of the statute. panel of judges to hold that these judge should apply his or her own rea- Judge Sutton’s dissent is a remark- records must be made available. soning rather than legislative history. able opinion whose beginning evidences A third example of a recently con- The senior Senator from Illinois met that he has turned his passionate advo- firmed Bush nominee who has contin- with Mr. Filip to address his back- cacy into judicial activism. His opinion ued to pursue his ideological and polit- ground and suitability to be a Federal begins, ‘‘Some say the world will end in ical agenda on the bench—as many of judge. fire, Some say in ice.’’ Judge Sutton us feared at the time of his Senator DURBIN is a thoughtful man concludes that the Federal arson law nonimation—is Judge Dennis Shedd. and I respect his judgment. Senator only applies to buildings with an ‘‘ac- Judge Shedd wrote the opinion in a rul- DURBIN’s willingness to supply this tive employment for commercial pur- ing so hostile to organized labor that nomination says alot. I am hopeful poses,’’ thereby seeking to narrow the one of the most conservative judges on that Mr. Filip will be a person of his law significantly. His opinion force- that court harshly stated that Shedd’s word; that he will follow the law and fully states that to ‘‘conclude other- opinion ‘‘overstepped [the] boundaries not seek out opportunities to overturn wise is to embrace the view that even of a reviewing court.’’ precedent or decide cases in accord the most attenuated connections to In this case, the National Labor Re- with his private beliefs rather than his commerce will suffice in prosecuting lations Board and an administrative obligations as a judge. I also sincerely individuals under this statute.’’ In law judge found that an employer had hope that Mr. Filip will treat all those Judge Sutton’s view, arson is a local unlawfully solicited nine of its employ- who appear before him with respect, crime and the ‘‘National Legislature’’ ees to sign antiunion statements and and will not abuse the power and trust had not clearly conveyed its purpose to had unlawfully withdrawn recognition of his position. Sometimes, we take a regulate an area traditionally regu- of the union. Judge Shedd ignored the risk allowing a nominee to be con- lated by the States. applicable standard of review and as- firmed. This is, frankly, one of those Ironically, his dissent cautions that serted his own view of the facts to con- times. ‘‘Federal courts should not casually clude that the NLRB had erred in its Unfortunately, the Senate has taken read a statute in a way that alters the determination. Approaching the case a risk and confirmed other nominees of Federal-State balance.’’ However, he from a position hostile to organized this President who assured the com- himself ignores the plain language of labor, Judge Shedd ‘‘reconstructed’’ mittee that they would follow prece- the statue and legislative history in his the facts of the case, and allowed an dent and would not be results-oriented. attempts to do just that—to alter the employer, who had previously been In their brief time on the bench, they balance in a way that favors his own found to have used illegal tactics in have already proven to be judicial ac- personal and ideological view of States’ order to decertify a union, to escape tivities eager to roll back individual rights. any responsibility. Judge Wilkinson’s rights and limit the authority of Con- John Roberts is a second controver- strong dissent highlighted the exper- gress to protect civil rights. A number sial nominee who, in his few months on tise of the NLRB in examining an em- of President Bush’s 30 circuit court the bench, has already displayed a pref- ployer’s conduct and that the review- nominees already confirmed by the erence for pursuing political and ideo- ing court’s role was limited to deter- Senate have written significant opin- logical goals above following prece- mining whether the NLRB had taken a ions that show their bias in favor of dent. Judge Roberts recently issued a permissible view of the evidence. powerful business interests over indi- troubling dissent from a decision by In other cases, as many of us had vidual Americans. the full D.C. Circuit that would have feared, President Bush’s circuit court For example, Jeffrey Sutton was one indulged another request by the Bush nominees are already handing down de- of Bush’s most controversial appellate administration to keep secret the cisions to roll back individual rights, court nominees to be confirmed. At the records of Vice President CHENEY’s en- civil rights and Congress’ authority. time of his nomination, his record ergy task force. Among these are: raised serious concerns. He had aggres- The case was part of a continuing ef- A majority opinion by Judge Gib- sively pursued a national role as the fort on behalf of the Vice President to bons, on the Sixth Circuit, which fails leading advocate of States’ rights and avoid compliance with numerous court to provide accommodation to a person pushed extreme positions in order to orders requiring him to provide records with multiple sclerosis under the limit the ability of Congress to act to of his meetings with the National En- Americans with Disabilities Act; prevent discrimination and protect ergy Policy Development Group. Two A dissent by Judge Shedd in a bank- civil rights. His answers to questions nonprofit organizations brought litiga- ruptcy case, which would have led to posed by Judiciary Committee mem- tion claiming that the Vice President’s foreclosure on a family farm—a deci- bers did not show that he would be able task force had violated Federal law by sion which the majority said ‘‘misses to put aside his years of passionate ad- not making its records public. In order the mark’’; and vocacy in favor of States’ rights and to maintain the secrecy of these A dissent by Judge Rogers in a Title against civil rights. After a lengthy records, the Vice President had filed an VII case involving illegal retaliation floor debate, he was confirmed by a emergency petition for a remedy that against an African-American employee vote of 52–41, which was the fewest the majority noted ‘‘is a drastic one, to which would have made it difficult for votes in favor of any judicial nominee be invoked only in extraordinary situa- any employee to present their retalia- in the last 20 years and more than tions.’’ The majority in the case stated tion claims to a jury. enough negative votes to have sus- that, were they to accept the Vice The President has claimed time and tained a filibuster. President’s arguments, they would in again that he seeks only to fill the In less than 1 year on the bench, he effect ‘‘have transformed executive bench with judges who will follow the has already issued a dissenting opinion privilege from a doctrine designed to rule of law. He claims that he ‘‘has no essentially in favor of States’ rights protect Presidential communications litmus test’’ for determining who will

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.020 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S571 and will not be appointed—that he The clerk will call the roll. The Senator from North Dakota. makes his decisions based on the quali- The assistant legislative clerk called AMENDMENT NO. 2267 fications of the candidates. Despite the roll. (Purpose: To exempt certain agricultural these statements, the President’s Mr. REID. I announce that the Sen- producers from certain hazardous mate- nominees seem to have certain striking ator from North Carolina (Mr. ED- rials transportation requirements) similarities. They seem to favor power- WARDS), the Senator from South Caro- Mr. DORGAN. Mr. President, prior to ful interests over individuals. They lina (Mr. HOLLINGS), the Senator from the vote I indicated I had an amend- favor States’ rights over civil rights. Massachusetts (Mr. KERRY), and the ment. I want to begin the discussion And many of them are all loyal Fed- Senator from Connecticut (Mr. very briefly of the amendment. The eralist Society members and com- LIEBERMAN) are necessarily absent. amendment is one I have worked on for mitted to the political agenda of the I further announce that, if present some while. It deals with a relatively most conservative wing of the Repub- and voting, the Senator from Massa- small issue with respect to the context lican Party. The Senate’s constitu- chusetts (Mr. KERRY) would vote of this bill, but a rather large issue for tional duty to provide advice and con- ‘‘yea.’’ family farmers. Let me describe what sent on judicial nominations is vital in The PRESIDING OFFICER. Are there it is. these circumstances—Federal judges any other Senators in the Chamber de- There was a justifiable effort to ad- must be devoted first and foremost, not siring to vote? dress issues dealing with homeland se- The result was announced—yeas 96, to a political platform or certain par- curity by the Department of Transpor- nays 0, as follows: ties, but to the rule of law, the Con- tation. They issued regulations that stitution, and the basic principles of [Rollcall Vote No. 8 Ex.] would regulate the shipment and trans- fairness and justice. YEAS—96 port of hazardous material in com- If we are to allow the President to Akaka DeWine Lott merce in amounts that require the Alexander Dodd Lugar shipment to be placarded and also to pack the courts with political party Allard Dole McCain loyalists and radical right-wing Allen Domenici McConnell implement security plans for that ship- ideologues, we will cease to have a Baucus Dorgan Mikulski ment. Government of laws and will end up Bayh Durbin Miller The difficulty and the problem is Bennett Ensign Murkowski with a Government controlled by the Biden Enzi Murray this. The way the Department of views of a few. We would risk having a Bingaman Feingold Nelson (FL) Transportation developed this rule, the judiciary that functions as a rubber Bond Feinstein Nelson (NE) rule will apply to family farmers, for Boxer Fitzgerald Nickles example, who have a 120-gallon fuel stamp for any right wing argument, Breaux Frist Pryor policy, or political goal sought to be Brownback Graham (FL) Reed service tank in the back of their pick- achieved via the courts. Bunning Graham (SC) Reid up truck. Those farmers are not going Yet, despite the troubling records of Burns Grassley Roberts to have a security plan for that pickup Byrd Gregg Rockefeller so many of Bush’s confirmed judges Campbell Hagel Santorum truck and for that service tank. and the other disappointing develop- Cantwell Harkin Sarbanes It is perfectly logical to want to reg- ments this year, Senate Democrats Carper Hatch Schumer ulate for safety purposes the shipment Chafee Hutchison Sessions of hazardous materials. have confirmed vast members of nomi- Chambliss Inhofe Shelby nees who have come to the Senate floor Clinton Inouye Smith Let me give you an example of where and are today again making sure that Cochran Jeffords Snowe this goes when the definitions are not the process of judicial appointments Coleman Johnson Specter carefully crafted. I was a senior in high Collins Kennedy Stabenow school when myself and two of my best moves forward. Democrats have not ob- Conrad Kohl Stevens structed the confirmation process for Cornyn Kyl Sununu friends decided to go to the Black Hills judicial and executive branch nomina- Corzine Landrieu Talent of South Dakota for a weekend. It was Craig Lautenberg Thomas a pretty big deal for us. We took a tions as Republicans did when Presi- Crapo Leahy Voinovich dent Clinton was in office. Today, we Daschle Levin Warner pickup truck and we had a 120-gallon proceed to confirm a judicial nominee Dayton Lincoln Wyden service tank full of gasoline. We had a in spite of the President’s recent ac- NOT VOTING—4 few dollars, and we bought 120 gallons of gasoline and a relatively new pick- tions, those of Senate Republicans, and Edwards Kerry serious reservations about this nomi- Hollings Lieberman up, for three seniors in high school. We were prepared to have a pretty good nee. The nomination was confirmed. Mr. Filip’s nomination was reported The PRESIDING OFFICER. The time. If that happened today, we would favorably to the Senate last October. President will be notified of the Sen- under the current rules be required to Had the Republican leadership wanted ate’s action. have a security plan in place prior to to proceed on it, this nomination could The Senator from Nevada. taking our pickup truck and 120 gal- easily have been confirmed in October, Mr. REID. Mr. President, very brief- lons of regular gasoline on our trip to November, or December last year be- ly, we have just approved the 171st the Black Hills of South Dakota. Three fore the Senate adjourned. Instead, judge during the Bush administration. high school seniors are not going to partisans chose to devote 40 hours to a There have been 171 judges approved. have a security plan to get enough gas- talkathon on the President’s most con- To my knowledge, there have been four oline to go to the Black Hills and have troversial and divisive nominees rather he submitted who have not been ap- a good time. Why would we need a se- than proceed to vote on those judicial proved, other than those who are going curity plan? Because anything over 110 nominees with the support of the Sen- through the committee process. So the gallons of fuel, propane, chemicals, or ate. The delay in considering this nom- score is 171 to 4. A good average, I hazardous materials will be required to ination is the responsibility of the Re- think. have a security plan. Forget about three seniors who went to the Black publican leadership. f I congratulate Mark Filip and his Hills. family on his confirmation. SAFE, ACCOUNTABLE, FLEXIBLE, How about a farmer who has that 120- The PRESIDING OFFICER. The AND EFFICIENT TRANSPOR- gallon service tank in the back of his question is, Will the Senate advise and TATION EQUITY ACT OF 2003 pickup truck who stops at a local cafe consent to the nomination of Mark R. The PRESIDING OFFICER. Under and goes in to buy a cheeseburger? He Filip, of Illinois, to be a U.S. District the previous order, the Senate will con- is in violation of this rule by the De- Court Judge for the Northern District tinue consideration of S. 1072. partment of Transportation unless he of Illinois? The Senator from Missouri. can physically see his pickup truck Mr. LEAHY. Mr. President, I ask for AMENDMENT NO. 2265 WITHDRAWN through the window because he will be the yeas and nays. Mr. BOND. Mr. President, I withdraw required to have a ‘‘security plan’’ and The PRESIDING OFFICER. Is there a amendment 2265. have a placard. sufficient second? The PRESIDING OFFICER. The Sen- Again, when I was a young boy, my There is a sufficient second. ator has that right. dad sent me to Dickinson, ND to get 5

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.023 S04PT1