Congressional Record—Senate S7011

December 9, 2016 CONGRESSIONAL RECORD — SENATE S7011 memory of Javon Wilson and so many her life. That is who Kappy is—always experience of any Supreme Court nomi- others to roll up our sleeves and get to going above and beyond the call of nee ever. Republicans and Democrats work. duty. She has a great heart and pours alike have recognized Chief Judge Gar- f it into everything she does. land as a brilliant and impartial judge I want to thank Steve—Kappy’s hus- with unwavering fidelity to the rule of KATHARINE ‘‘KAPPY’’ SCATES band of more than 56 years—their chil- law. In this day and age, he was as Mr. DURBIN. Mr. President, today I dren: Steve, Carole, Tim, Susie, and 18 much of a consensus Supreme Court want to say a few words about one of grandchildren—for sharing so much of nominee as one could find. The senior the most admired members of my staff, their wife, mother, and grandmother Republican Senator from Utah and Katharine ‘‘Kappy’’ Scates. Kappy is with the community. I also want to former chairman of the Judiciary Com- retiring at the end of the year. I don’t thank the entire Scates family, who mittee has previously noted that he know what we will do without her. Of- have lived in the Shawneetown area would be confirmed easily. It is not tentimes, public servants are in it for since the early 1800s. You can’t set foot hard to see why Chief Judge Garland the accolades—not Kappy. She, in her in southern Illinois without running has received significant bipartisan sup- own quiet way, just wanted to make a into a member of the Scates family. port in the past. When the American difference in people’s lives. They are the heartbeat of one of the Bar Association reviewed his nomina- Since 1996, when I first ran for the best parts of our State. The Scates tion, it unanimously awarded him its U.S. Senate, Kappy has been my eyes family farm is a well-known and re- highest rating of ‘‘Well-Qualified.’’ To and ears in southern Illinois. She is a spected family operation. In fact, it is reach that rating, lawyers from across retired elementary school teacher and not only one of the largest family the country assessed his integrity, pro- a friend of my predecessor and mentor farms in Illinois, it is known as one of fessional competence, and tempera- Senator Paul Simon. Kappy joined our the best. Throughout the years, the ment. One said, ‘‘Garland is the best campaign as a volunteer, and we all fell Scates family support and generosity that there is. He is the finest judge I in love with her. She not only knew ev- have meant more that I can express in have ever met.’’ Another said ‘‘He is a erybody, she was happy to drive the words. judge’s judge, with a very high stand- wheels off her car to be everywhere. In I will close with this. I believe in the ard and legal craftsmanship, a fine 1999, Kappy came to work for us in our role of public service to make a dif- sense of fairness to all parties, a meas- Marion, IL, offices. She quickly be- ference. Kappy’s years of service re- ured and dignified judicial tempera- came indispensable. flect that, too. Our Nation needs more ment, and the highest respect for law When it comes to southern Illinois, people like Kappy Scates. I couldn’t be and reasoned argument.’’ One even said Kappy is a human rolodex. From Carmi more proud of the work she has done— that Chief Judge Garland ‘‘may be the to Cairo, Kappy Scates is a household and the person she is. I am honored to perfect human being.’’ name. On my behalf, Kappy met with congratulate her on a job well done, And yet Republicans have refused to countless people. She listened to their and I am lucky to count her as a provide him with any process whatso- ideas and concerns—and did her best to friend. I wish Kappy, Steve, and her ever—no hearing, no vote. The result is help solve problems. And whatever the family all the best. that Chief Judge Garland is now the task, there isn’t a town in southern Il- f longest pending Supreme Court nomi- linois that Kappy can’t recruit a few nee in history. No Supreme Court folks to pitch in and help. People know NOMINATION OF MERRICK nominee has ever been treated this that when you are on Kappy’s side, you GARLAND way. Republicans set a new standard are on the right side. Mr. LEAHY. Mr. President, I have this year. It is the American people Let me give just one example. In served in this Chamber for 42 years and who have been harmed and spurned by Ridgway, IL, Kappy helped a dental served as chairman or ranking member this unprecedented blockade. clinic. It wasn’t easy; there were hur- of the Judiciary Committee for nearly Until this year, Senate Judiciary dles every step of the way. But Kappy two decades. I have seen a lot of de- Committee members had always taken would not take no for an answer. She bates, even contentious ones, and good- their responsibility seriously. Ever got all the equipment and convinced faith disagreements between Senators. since the Judiciary Committee started hygienists and a part-time dentist to But what Senate Republicans did this holding public confirmation hearings help out in this severely underserved year to shut down Chief Judge Merrick of Supreme Court nominees more than community. I got the credit, but it was Garland’s nomination to the Supreme a century ago, the Senate has never de- Kappy’s vision, hard work, and deter- Court—well, it might be the most out- nied a Supreme Court nominee a hear- mination that made it happen. rageous act of obstruction and irre- ing and a vote. I could go on about all those Kappy sponsibility that I have seen in my en- Even when a majority of the com- has helped, but let me tell just one tire time in the Senate. It is a dan- mittee has not supported a Supreme story—about a housekeeper at a motel gerous step toward politicizing our Court nominee, the committee has still where I often stay. Years ago, at 62 highest Court, in a judicial system that sent the nomination to the floor so years old, she told me that she had long has been the envy of the world. that all 100 Senators can fulfill their never in her life had health insurance— Now that there is a Republican Presi- constitutional role of providing advice not for a single day. She had worked as dent about to be sworn in, I predict and consent on Supreme Court nomi- a cook, waitress, and housekeeper, but that all of a sudden we will hear Re- nees. When I became chairman of the had never known the security of having publicans talking about the impor- Judiciary Committee in 2001 during the health insurance. She hadn’t even seen tance of the Supreme Court having its Bush administration, I and Senator a doctor in over 20 years. Enter Kappy full nine Justices. But make no mis- Hatch—who was then the ranking Scates. Kappy spent hours meeting take, these will be the same Senators member—memorialized in a letter this with her and helping her figure out a who turned their backs on the Court longstanding tradition regarding Su- solution. Finally, because of the Af- and the American people for nearly a preme Court nominees. The current Re- fordable Care Act and Kappy’s help year by refusing to fill the vacancy publican leadership has broken with signing her up—she was able to afford since February. this century of practice to make its health insurance for the first time in Senate Republicans cared more about own shameful history. But Senate Re- her life. But that is not the end of the preserving that vacancy for a Repub- publicans have spent 8 years insisting story. lican president than they did about an on a different set of rules for President You see, after my friend saw a doctor independent Supreme Court. The result Obama. for the first time in more than two dec- was that they blocked one of the most Republicans rolled the dice this year, ades, she was told she was diabetic. qualified Supreme Court nominees in subjecting the Supreme Court and the Fortunately, Kappy had stayed in this Nation’s history. Chief Judge Gar- American people to their purely polit- touch. She drove her to doctor appoint- land is an exceptional jurist with a ical gamble. They will tell us they have ments and helped get the critical medi- stellar record and impeccable creden- won. But there is no victor—for their cations she needed. It probably saved tials. He has the most Federal judicial partisan game, this body, the Supreme

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00081 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.163 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7012 CONGRESSIONAL RECORD — SENATE December 9, 2016 Court, and the American people all suf- dent Obama fairly with respect to his proven again that pure partisanship fered. As we go forward under the new judicial nominations’’ in comparison to matters more to them than ensuring President-elect, I urge those Repub- President Bush. That is not even close our courts have the resources they licans to think carefully about their to accurate. Even more to the point, need to uphold the rule of law and pro- own words about the voice of the our constitutional duty of advice and vide justice for all Americans. Repub- American people. I remind those Re- consent is not about comparing one licans have set a new standard for judi- publicans that, in last month’s elec- President to another. It is to ensure cial nominees: it involves confirming tion, Secretary Clinton received over our Federal courts have the judges only 11 nominees per year, routinely 2.5 million more votes from the Amer- they need in order to provide Ameri- holding nominees over in Committee, ican people than the President-elect. cans the speedy justice the Constitu- and routine cloture votes and roll call That is hardly a mandate for any Su- tion promises. And right now, that is votes on every district nominee. That preme Court nominee who would turn not the case when one of every nine is the way to ensure the President- back the clock on the rights of women, judgeships across the country is va- elect’s nominees are treated as ‘‘fairly’’ LGBT Americans, or minorities; or a cant. Currently, there are 13 judicial as President Obama’s nominees. nominee who would undermine safety emergency vacancies in Texas alone. In the President’s second full month net programs like Social Security, Compare the record of the Repub- in office, Senate Republicans wrote to Medicare and Medicaid, or the Civil lican Senate today to that of Senate him, demanding that he consult with Rights Act, the Fair Housing Act, or Democrats in 2008, when I was chair- them on judicial nominations. The the Voting Rights Act. man of the Judiciary Committee dur- President did just that. His first nomi- President Obama made the best pos- ing the last 2 years of the George W. nee was David Hamilton of Indiana to sible choice for a Supreme Court nomi- Bush administration. Senate Demo- the Seventh Circuit, a nomination nee, and any other Supreme Court crats confirmed 68 judicial nominees, made in consultation with, and with nominee will face a difficult compari- accounting for two-thirds of all of the the support of the most senior Repub- son to Chief Judge Garland’s experi- judicial nominations President Bush lican Senator, Richard Lugar. Senate ence, brilliance, integrity, and support made in those 2 years. In contrast, Republicans nonetheless filibustered from across the political spectrum. since last January when Republicans the nomination. These were the same Republicans who used to claim that the Chief Judge Garland is an honorable, took the majority, they have con- filibustering judicial nominations was decent man and a model of public serv- firmed just 22 judicial nominees-barely unconstitutional. ice. What Senate Republicans have one-quarter of the nominations Presi- Since then, Senate Republicans have done to him is unfair and unwarranted, dent Obama has made during this Con- obstructed and delayed just about and it is an insult, not just to him, but gress. To reach parity with President every circuit nominee of this Presi- to all Americans who expect all of us Bush, this Senate would need to con- dent. They filibustered Robert to do our jobs and uphold our oath to firm an additional 31 nominees. We Bacharach’s nomination to the 10th the Constitution. could make that happen right now by Circuit, even though he had the sup- As the Republican leadership brings voting on the nominees currently pend- port of his two home State Republican the 114th Congress to a close, they do ing on the Senate floor. Senators. That was the first time a cir- so having established another record During the final year of the Bush ad- cuit nominee had been successfully fili- for inaction on judicial nominations. ministration, Senate Democrats con- bustered after receiving bipartisan sup- Despite the fact that there are dozens firmed 28 circuit and district nominees, port in Committee. That filibuster of qualified, consensus nominees pend- all of whom the Judiciary Committee meant that his confirmation was need- ing on the Senate floor right now, we reported to the floor that year. This lessly delayed for 8 months, after will finish this Congress having con- year, Republicans have allowed con- which he was confirmed unanimously. firmed just 22 judicial nominees in 2 firmations of just nine circuit and dis- When George W. Bush was President, years. That is the lowest number since trict nominees, each of whom the Judi- the average circuit nominee spent just Harry Truman was president. There are ciary Committee reported last year. So 18 days waiting for a vote on the Sen- currently 30 judicial nominees awaiting the majority leader has failed to even ate floor. The average circuit nominee a vote, all with the support of their begin this year’s work on nominees. of President Obama’s waited exactly home State Senators and bipartisan When the Senate operated under reg- 100 days longer than that. There is no support from the Judiciary Committee. ular order, consensus nominees like the good reason these nominees should We have not had a single confirmation ones we have pending on the floor were have had to wait six and a half times as vote on a judicial nominee since July. confirmed before long recesses and at long for a vote. Because the Republican leadership the end of the year. Instead, the Repub- Senate Republicans delayed con- shutdown judicial confirmations, the licans’ standard operating procedure firmation of Judge Patty Shwartz of number of judicial vacancies in our has been to refuse votes on consensus New Jersey to the Third Circuit for 13 Federal courts will increase to over 100 nominees. At the end of 2009, they re- months. They delayed confirmation of for the first time in almost 6 years, a fused to vote on 10 judicial nominees. Judge Richard Taranto to the Federal vacancy rate of nearly 12 percent. And At the end of 2010 and again in 2011, circuit for a full year. They delayed of those, the number of judicial emer- they left 19 judicial nominees pending, confirmation of Judge Albert Diaz of gency vacancies will exceed 40. almost all of whom were consensus North Carolina to the Fourth Circuit This did not happen overnight. It is nominees. At the end of 2012, they for 11 months. They delayed confirma- the result of a sustained effort that the blocked votes on 11 judicial nominees tion of Judge Jane Stranch of Ten- Republican leadership chose. If we had pending. After blocking 10 nominees at nessee to the Sixth Circuit and Judge just followed regular order, like them the end of 2013 and then 6 in 2014, Sen- William Kayatta to the First Circuit majority leader promised time and ate Republicans once again blocked 19 for 10 months. They delayed confirma- again, all of these nominees would have nominees at the end of last year. This tion of Judge Ray Lohier of New York been confirmed months ago. Repub- year, they set a new record by leaving to the Second Circuit for 7 months. licans cannot claim that President 30 judicial nominees pending. All 30 are They delayed confirmation of Judge Obama has not made enough nomina- qualified and have bipartisan support, Scott Matheson of Utah to the Tenth tions to solve this crisis. They cannot and there is no good reason we should Circuit, Judge Felipe Restrepo of Penn- say that he has not worked with them not have voted on them already or be- sylvania to the Third Circuit, and to find consensus nominees. Of the fore we adjourn this month. Judge James Wynn, Jr., of North Caro- nominees awaiting a vote, 13 have the The vacancy crisis has happened be- lina to the Fourth Circuit for 6 support of either one or two home cause 8 years ago, rather than adhering months. They delayed confirmation of State Republican Senators, and 28 were to regular order, Republican leadership Judge Andre Davis of Maryland to the reported by voice vote. granted the wishes of rightwing legal Fourth Circuit, Judge Henry Floyd of The majority leader has repeatedly groups who lobbied them to engage in South Carolina to the Fourth Circuit, come to the floor to justify his obstruc- ‘‘unprecedented’’ obstruction of Presi- Judge Stephanie Thacker of West Vir- tion by claiming he has treated ‘‘Presi- dent Obama’s nominees. They have ginia to the Fourth Circuit, and Judge

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00082 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.152 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7013 Jacqueline Nguyen of California to the nominations under his constitutional against just two of President Bush’s Ninth Circuit for 5 months. They de- authority. I said at the time that some district court nominees. Early in Presi- layed confirmation of Judge Adalberto called this blockade ‘‘nullification,’’ as dent Obama’s first term, 37 Senate Re- Jordan of Florida to the 11th Circuit, Republicans tried to thwart the will of publicans voted against two of his dis- Judge Beverly Martin of Georgia to the the majority of Americans who elected trict court nominees in 1 day. In my 42 11th Circuit, Judge Mary Murguia of President Obama in 2008 and again in years in the Senate, I have opposed clo- Arizona to the Ninth Circuit, Judge 2012. Little did the American people ture on a single district court nominee. Bernice Donald of Tennessee to the know that this blockade would be a I did so because of his personal involve- Sixth Circuit, Judge Barbara Keenan of precursor to what they would do with ment with efforts to intimidate Afri- Virginia to the Fourth Circuit, Judge his next Supreme Court nominee. can-American voters. Thomas Vanaskie of Pennsylvania to Republican obstruction and abuse of One important Senate tradition has the Third Circuit, Judge Joseph the filibuster also extended to district remained intact: the Judiciary Com- Greenaway of New Jersey to the Third court nominees under President mittee blue slip, which represents Sen- Circuit, Judge Denny Chin of New York Obama. It is particularly troubling ators’ important role in providing ad- to the Second Circuit, Judge Chris that many of these nominees were tar- vice and consent for the President’s Droney of Connecticut to the Second geted on the basis of actions they took nominees. During the almost 20 years Circuit, Judge David Barron of Massa- on behalf of clients. I remember what that I have served as chairman or chusetts to the First Circuit, and Chief Justice Roberts said at his con- ranking member of the Judiciary Com- Judge Carolyn McHugh of Utah to the firmation hearing: ‘‘[I]t’s a tradition of mittee, I have steadfastly protected 10th Circuit for 4 months. They delayed the American Bar that goes back be- the rights of the minority through confirmation of Judge Paul Watford of fore the founding of the country that both Republican and Democratic ad- California to the Ninth Circuit, Judge lawyers are not identified with the po- ministrations-and I have done so de- Andrew Hurwitz of Arizona to the sitions of their clients. The most fa- spite criticism from Democrats. I have Ninth Circuit, Judge Michelle mous example probably was John only proceeded with judicial nomina- Friedland of California to the Ninth Adams, who represented the British tions supported by both home State Circuit, Judge Morgan Christen of soldiers charged in the Boston Mas- Senators. I will put my record of con- Alaska to the Ninth Circuit, Judge sacre. He did that for a reason, because sistent fairness up against that of any Nancy Moritz of Kansas to the 10th Cir- he wanted to show that the Revolution chairman. Chairman Grassley has stat- cuit, Judge Stephen Higginson of Lou- in which he was involved was not about ed that he will continue the practice of isiana to the Fifth Circuit, Judge Ge- overturning the rule of law, it was requiring both blue slips before pro- rard Lynch of New York to the Second about vindicating the rule of law. ‘‘Our ceeding with a nomination, and I ap- Circuit, Judge Susan Carney of Con- Founders thought that they were not plaud him for that commitment. I hope necticut to the Second Circuit, Judge being given their rights under the Brit- he will continue to honor that commit- Cheryl Krause of New Jersey to the ish system to which they were entitled, ment, despite the criticism he might Third Circuit, Judge Jill Pryor of Geor- and by representing the British sol- receive. gia to the 11th Circuit, and Judge diers, he helped show that what they Kathleen O’Malley of Ohio to the Fed- were about was defending the rule of The blue slip matters because it pro- eral circuit for 3 months. Even though law, not undermining it, and that prin- tects the Senate’s constitutional role they have been approved by the Repub- ciple, that you don’t identify the law- in providing advice and consent on lican-led Judiciary Committee, the yer with the particular views of the cli- nominations. The Judiciary Committee three circuit nominees currently ent, or the views that the lawyer ad- and the Senate are not rubberstamps; awaiting votes have been pending for vances on behalf of the client, is crit- we are a check on Presidential power, months, too. Donald Schott of Wis- ical to the fair administration of jus- and we have a meaningful role in mak- consin, nominated to the Seventh Cir- tice.’’ ing recommendations to the President cuit, has been waiting for 6 months. To attack a judicial nominee on the and then evaluating nominees on their Jennifer Puhl of North Dakota, nomi- basis of work they did for a client is to individual merits. A fair and thorough nated to the Eighth Circuit, has been denigrate the rule of law and strike at confirmation process is how we give waiting for 5 months. Judge Lucy Koh, the very foundations of the American meaning to the checks and balances in of California, nominated to the Ninth legal system. It was wrong to filibuster the Constitution. Circuit, has been waiting for 3 months. Caitlin Halligan because special inter- Our Federal judiciary is also And then there was the unprece- ests disliked a position she argued at strengthened when it better reflects dented blockade of the D.C. Circuit, the direction of New York’s attorney the Nation it serves. I commend Presi- when Senate Republicans refused to general when she was that State’s so- dent Obama for having nominated such allow President Obama to fill any of licitor general. It was wrong to attack a diverse group of qualified judges. In three vacancies that still existed in Edward Chen because he had worked at his first term alone, President Obama 2013. Republicans tried to suggest that the ACLU and accuse him of having an appointed as many women judges as filling vacancies was ‘‘court packing’’ ‘‘ACLU gene.’’ And it was appalling to President Bush did during his entire 8 and tried to eliminate three seats from filibuster John McConnell because of years in office. In just those first 4 that court. This unfortunate tactic was his work on litigation against tobacco years, President Obama also nominated pioneered by one Senator 20 years ago companies. Nor was this limited to ju- more African Americans, more Asian to prevent President Clinton from ap- dicial nominations—the same shameful Americans, and more openly gay Amer- pointing an African-American judge to playbook was used against Debo icans than his predecessor did in 8 the Fourth Circuit, ultimately forcing Adegbile, an honorable and distin- years. This progress continued in President Clinton to recess appoint guished public servant who was nomi- President Obama’s second term, and Judge Roger Gregory as the first Afri- nated to serve as Assistant Attorney even without additional confirmations, can-American judge on that court. The General for the Civil Rights Division in he has appointed nearly twice as many filibuster, even as Senate Republicans the Department of Justice. It should women judges, more than two and a abused it again and again, had tradi- concern all of us that one of the leaders half times as many African-American tionally been reserved for ‘‘extraor- of this effort to undermine the adver- judges, and more than five times as dinary circumstances’’ and extending sarial system might be our next Attor- many Asian American judges as Presi- debates about the merits of individual ney General. dent Bush. All Americans can be proud nominees. President Obama made three Until Barack Obama was elected of the Senate and the President’s ef- excellent, highly respected nomina- President, we had a different standard. forts to have the Federal judiciary bet- tions to the D.C. Circuit, but Senate In all but the most extreme cir- ter reflect the public it serves. Republicans did not focus debate on cumstances, we deferred to home State Despite unrelenting Republican ob- their qualifications or their records. Senators and their work with the struction, President Obama worked Rather they claimed President Obama President to find the right nominee for hard with home State Senators to find should be denied the ability to make their state. In 8 years, I cast votes judicial nominees who were qualified,

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I serve on the Fourth Circuit; Judge woman to serve on the Sixth Circuit; have worked to protect and strengthen Irene Berger, the first African-Amer- Judge Cathy Bissoon, the first woman that crown jewel during my time as ican Federal judge in West Virginia; of color to serve on the Western Dis- chairman and ranking member of the Judge Abdul Kallon, the third African- trict of Pennsylvania; Judge Sharon Senate Judiciary Committee, and I will American district judge in Alabama, Gleason, the first woman to serve on continue to do so in the years ahead. whose nomination to be the first Afri- the District of Alaska; Judge Morgan f can American from Alabama to serve Christen, the first woman from Alaska on a Federal appeals court is being to serve on the Ninth Circuit; Judge ATTORNEYS GENERAL IN blocked by that State’s Senators; Nannette Brown, the first African- CENTRAL AMERICA Judge Jacqueline Nguyen, the first Vi- American woman to serve as a Federal Mr. LEAHY. Mr. President, the etnamese American to serve as a Fed- district judge in Louisiana; Judge Northern Triangle countries of Central eral district judge and now the first Nancy Torresen, the first woman to America—El Salvador, Honduras, and Asian Pacific American woman to serve on the District of Maine; Judge Guatemala—face many similar chal- serve as a Federal circuit judge as well; Steve Jones, who became one of only lenges: poverty, gangs, violence, cor- Judge Dolly Gee, the first Chinese two active African-American Federal ruption, and organized crime. Another American woman to serve as a Federal judges in Georgia; Judge Paul Watford, one of these challenges is weak judicial judge; Judge Rosanna Peterson, the who is one of only two African-Ameri- systems. first woman to serve on the Eastern cans serving on the Ninth Circuit; For as long as anyone can remember, District of Washington; Judge Nancy Judge Adalberto Jordan, the first judges in these countries, no matter Freudenthal, the first female Federal Cuban-born judge on the 11th Circuit; how unqualified, have been selected judge in Wyoming; Judge Benita Pear- Judge Stephanie Thacker, the first through opaque processes which have son, the first African-American Federal woman from West Virginia to serve on benefited those with personal or polit- judge in Ohio; Judge Kimberly Mueller, the Fourth Circuit; Judge Shelley ical connections or the ability to curry the first woman to serve on the East- Dick, the first woman to serve on the favor. Attorneys general have often ern District of California; Judge Ed- Middle District of Louisiana; Judge turned out to be corrupt and in cahoots mond Chang, the first Asian American Landya McCafferty, the first woman to with organized crime, or they have Federal judge in Illinois; Judge Carlton serve on the District of New Hamp- been harassed and threatened to the Reeves, the second African-American shire; Judge Susan Watters, the first point that they have declined to pursue district judge in Mississippi; Judge woman to serve on the District of Mon- cases against powerful elites or have William Martinez, the second Hispanic tana; Judge Elizabeth Wolford, the left the country out of fear for their to serve on the District of Colorado; first woman to serve on the Western own safety or that of their families. Judge J. Michelle Childs, the second District of New York; Judge Debra But there are some signs that things African-American woman to serve on Brown, the first African-American are changing for the better. Today, the District of South Carolina; Judge woman to serve as a Federal judge in each of these countries has an attorney Tanya Pratt, the first African-Amer- Mississippi; and Judge Diane general who is working to end the his- ican Federal judge in Indiana; Judge Humetewa, the first Native American tory of impunity that has enabled al- Lucy Koh, the first Korean American woman to serve as a Federal judge. We most anyone, including members of the woman to serve as a Federal judge; can all be proud that our Federal bench police and armed forces, to get away Judge Gloria Navarro, then the only today better reflects the broad diver- with the most heinous crimes. woman and only Hispanic on the Dis- sity of our Nation and represents the In Guatemala, Attorney General trict of Nevada; Judge Barbara Keenan, best of the legal profession. Thelma Aldana Hernandez; in El Sal- the first woman from Virginia to serve However, the nominees that are vador, Attorney General Douglas on the Fourth Circuit; Judge O. being obstructed on the floor today in- Melendez Ruiz; and in Honduras, Attor- Rogeriee Thompson, the first African- clude Armando Bonilla, who would be ney General Oscar Fernando Chinchilla American and just the second woman the first Hispanic judge to ever serve Banegas have each shown that they to serve on the First Circuit; Judge Al- on the U.S. Court of Federal Claims; take seriously their responsibility to bert Diaz, the first Latino to serve on Stephanie Finley, who would be the act with professionalism and impar- the Fourth Circuit; Judge Mary first African-American judge to serve tiality in pursuit of justice. For doing Murguia, the first Hispanic and the on the Western District of Louisiana; so, they have each faced attempts to second woman from Arizona to serve Lucy Koh, who would be the first Ko- thwart their efforts through intimida- on the Ninth Circuit; Judge Denny rean American woman to be a circuit tion and threats. Chin, who upon confirmation to the court judge; and Florence Pan, who In the U.S. Congress we recognize the Second Circuit became the only active would be the first Asian American challenges and dangers they face, and Asian Pacific American judge on our woman on the district court in DC. I we strongly support them. No democ- circuit courts; Judge Marco Hernandez, am also disappointed that we have not racy can survive without a justice sys- the first Latino to serve as a Federal moved forward on the nomination of tem that has the confidence and re- judge in Oregon; Judge James Graves, African-American Judge Richard spect of the people. There is nothing the first African-American from Mis- Boulware to serve on the U.S. Sen- more fundamental to a credible justice sissippi to serve on the Fifth Circuit; tencing Commission. The Sentencing system than an independent judiciary Judge James Shadid, the first Arab Commission currently does not have a and professionally trained prosecutors American Federal judge in Illinois; single person of color serving as a com- who are trustworthy. Equal access to Judge Mae D’Agostino, the only missioner—yet it impacts criminal jus- justice is a necessity for all people, re- woman on the Northern District of New tice issues that deeply affect commu- gardless of economic status, race, reli- York; Judge Jimmie Reyna, the first nities of color. gion, ethnicity, gender, or political af- Latino on the Federal circuit; Judge In the 20 years that I have been filiation. Edward Chen, just the second Asian chairman or ranking member of the It is in the interest of each of these Pacific American to serve on the Judiciary Committee, I have worked attorneys general to share best prac- Northern District of California; Judge with Republicans and Democrats to en- tices; to collectively reinforce the im- Arenda Wright Allen, the first African- sure that our committee has provided a portance of investing in stronger judi- American woman to serve as a Federal fair and thorough process for judicial cial institutions; to develop a joint district judge in Virginia; Judge J. nominees. Our power of advice and con- strategy for using their offices to help

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