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Congressional Record—Senate S7171 November 8, 2011 CONGRESSIONAL RECORD — SENATE S7171 For years now, young people will The PRESIDING OFFICER. Without unanimously. Judge Jordan’s nomina- hear over and over that old cliche objection, it is so ordered. tion is approaching 1 month on the about refusing to quit. You can never Mr. LEAHY. Mr. President, I thank Senate Executive Calendar despite his give up. And I have to tell you the the majority leader for pressing for- being a consensus nominee supported truth, it is a cliche I have used with ward to secure a vote on another of the by both his Democratic and Republican my kids when they were moping 25 judicial nominees ready for Senate home State Senators. Also pending is around and grumbling: Oh my life is consideration. I am disappointed that the nomination of Stephanie Thacker horrible. You say to them: You can’t the Senate Republican leadership to fill a vacancy on the Fourth Circuit. quit. You can’t give up. Well, this team would only agree to vote on 1 of the 25 All of these consensus circuit court is going to allow parents in St. Louis judicial nominees ready and waiting nominations should be considered and and beyond for many years to say: See. for final Senate action. All 25 of the approved without further delay. In ad- See what happens when you don’t give nominees are qualified and have the dition, the Senate should give consider- up. See what happens when you refuse support of their home state Senators, ation to Caitlin Halligan’s nomination. to quit. You can win a championship if Republican and Democratic. Twenty- Her nomination to the DC Circuit was you just refuse to die. And that is ex- one of these judicial nominations were approved by the committee in March. actly what our Cardinals did. unanimously approved by the Judici- Judge Wallach is only the seventh of On behalf of Cardinal Nation and ary Committee. Senate Democrats are President Obama’s circuit court nomi- thousands of people around this coun- prepared to have votes on all these im- nations the Senate has considered this try who were proud of what St. Louis portant nominations. I know of no year, compared to 12 at this point in represented—a fall classic with our good reason why the Republican lead- President Bush’s third year. We are not classic Cardinals bringing home the ership is refusing to proceed on 24 of doing nearly as well despite five addi- victory for a city that loves them—God the 25 nominations stalled before the tional circuit court nominations on the bless them all. And God bless the fans Senate. At a time when the vacancy Senate Calendar awaiting a vote. By who understand it is okay to cheer for rate on Federal courts throughout the this point in the third year of Presi- a sac fly, who understand baseball bet- country remains near 10 percent, the dent Bush’s administration, the Senate ter than most fans around the country. delay in taking up and confirming had confirmed 29 of his circuit court They will now wait anxiously for these consensus judicial nominees is nominees. By comparison, the Senate spring training so we can begin once inexcusable. has confirmed only 22 of President again our love affair with the St. Louis I know that Senator REID is espe- Obama’s circuit court nominees. By Cardinals. cially pleased that the Senate has the this point in the Bush administration, Mr. President, I yield the floor, and I opportunity for a final vote on the vacancies had been reduced to 42. By suggest the absence of a quorum. nomination of Judge Evan Wallach to comparison, today they stand at 83. By The PRESIDING OFFICER. The fill a vacancy on the Federal Circuit. this point in President Bush’s first 3 clerk will call the roll. Judge Wallach is an experienced jurist years, the Senate had confirmed 167 of The assistant editor of the Daily Di- with a distinguished record who has his Federal circuit and district court gest proceeded to call the roll. been serving on the U.S. Court of Inter- nominees. So far in the 3 years of the The PRESIDING OFFICER. The Sen- national Trade. He received the highest Obama administration, that total is ator from Maine. possible rating from the American Bar only 115. Ms. SNOWE. Mr. President, I ask Association’s Standing Committee on During President Bush’s first 4 years, unanimous consent that the order for the Federal Judiciary, unanimously the Senate confirmed a total of 205 the quorum call be rescinded. ‘‘well qualified.’’ Federal circuit and district court The PRESIDING OFFICER. Without I am delighted that Judge Wallach’s judges. As of today, we would need an- objection, it is so ordered. nomination has not been delayed as other 90 confirmations over the next 12 long as others. This nomination was re- f months to match that total. That ported by the Judiciary Committee on means a faster confirmation rate for EXECUTIVE SESSION October 6. There is no good reason why the next 12 months than in any 12 all judicial nominations are not consid- months of the Obama administration ered within a month of being reported, to date. That would require Senate Re- NOMINATION OF EVAN J. WAL- especially the consensus nominees re- publicans to abandon their delaying LACH TO BE UNITED STATES ported unanimously by the Judiciary tactics. I hope they will. This is an CIRCUIT JUDGE FOR THE FED- Committee. It is my hope that this area where the Senate must come to- ERAL CIRCUIT timeline can be an example and set the gether to address the serious judicial The PRESIDING OFFICER. Under standard for action on other nomina- vacancies crisis on Federal courts the previous order, the Senate will pro- tions, as well. When the Senate ap- around the country that has persisted ceed to executive session to consider proved the nomination of Judge Zipps for well over 2 years. We can and must the following nomination, which the of Arizona less than 1 month after it do better for the millions of Americans clerk will report. was reported by the committee, we being made to suffer by these unneces- The assistant editor of the Daily Di- showed that there is no need for addi- sary Senate delays. gest read the nomination of Evan J. tional delay. These needless delays per- More than half of all Americans— Wallach, of New York, to be United petuate vacancies and deny the Amer- over 162 million—live in districts or States Circuit Judge for the Federal ican people the judges needed in our circuits that have a judicial vacancy Circuit. courts to provide justice. that could be filled today if Senate Re- The PRESIDING OFFICER. Under What is disappointing is that the publicans just agreed to vote on the the previous order, there is 15 minutes Senate Republican leadership has yet nominations now pending on the Sen- of debate equally divided and con- to agree to votes on the long-pending ate calendar. As many as 24 States are trolled between the Senator from nominations of Judge Chris Droney of served by Federal courts with vacan- Vermont and the Senator from Iowa, or Connecticut to fill a judicial emer- cies that would be filled by these nomi- their designees. gency vacancy on the Second Circuit, nations. Millions of Americans across The Senator from Maine. Morgan Christen to fill one of several the country are harmed by delays in Ms. SNOWE. Mr. President, I suggest judicial emergency vacancies on the overburdened courts. The Republican the absence of a quorum. Ninth Circuit, or Judge Adalberto Jor- leadership should explain why they will The PRESIDING OFFICER. The dan to fill a judicial emergency va- not consent to vote on the qualified, clerk will call the roll. cancy on the Eleventh Circuit. The consensus candidates nominated to fill The assistant editor of the Daily Di- Droney nomination has been stalled for these extended judicial vacancies. gest proceeded to call the roll. 31⁄2 months despite there being no oppo- Senator GRASSLEY and I have worked Mr. GRASSLEY. I ask unanimous sition. The Christen nomination has together to ensure that each of the 25 consent the order for the quorum call been pending a month longer than nominations on the Senate Calendar be rescinded. Judge Wallach’s and was also reported was fully considered by the Judiciary VerDate Mar 15 2010 00:08 Nov 09, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G08NO6.009 S08NOPT1 smartinez on DSK5TPTVN1PROD with SENATE S7172 CONGRESSIONAL RECORD — SENATE November 8, 2011 Committee after a thorough but fair Furthermore, these nominees have absences. From 1987 to 1988, Judge Wal- process, including completing our ex- been processed in a very fair manner. lach worked as a general counsel and tensive questionnaire and questioning Circuit nominees have had a hearing public policy adviser to Senator HARRY at a hearing. This White House has within 66 days after nomination, on av- REID. He also served as a judge advo- worked with the home state Senators, erage. President Bush’s nominees were cate for the Nevada Army National Republicans and Democrats, and each forced to wait 247 days. The same can Guard from 1989 to 1995. In 1991, Judge of the judicial nominees being delayed be said of President Obama’s district Wallach was called up to active duty to from a Senate vote is supported by court nominees, who had their hear- serve as an attorney in the Office of both home State Senators.
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