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Congressional Record—Senate S1574 S1574 CONGRESSIONAL RECORD — SENATE March 16, 2010 also spoke repeatedly to Senate leaders minority is applying to many of Presi- recess as provided for under the pre- on both sides of the aisle and made the dent Obama’s district court nominees. vious order. I thank my colleagues on following proposal: Agree to immediate Democrats never used this standard the other side for their courtesy. votes on those judicial nominees that with President Bush’s nominees, The PRESIDING OFFICER. Without are reported by the Senate Judiciary whether we were in the majority or the objection, it is so ordered. Committee without dissent, and agree minority. In 8 years, the Judiciary The Senator from Alaska. to time agreements to debate and vote Committee reported only a single Bush Mr. President, I am pleased to join on the others. I have recently reiter- district court nomination by a party- my colleagues on the floor today to ated my proposal and urged Senate Re- line vote. That was the controversial discuss what none of us are the least publicans to reconsider their strategy nomination of Leon Holmes, who was bit happy to see happening in the U.S. of obstruction. There is no justification opposed not because of some litmus Senate. for these nominations to be dragged test, but because of his strident, intem- We were sent here by the people of out week after week, month after perate, and insensitive public state- our States to get work done. This month. ments over the years. During President means passing legislation and over- The last time the Senate considered Obama’s short time in office, not one, seeing the work of Federal agencies. judicial nominations was weeks ago. not two, but three district court nomi- It is difficult, if not impossible, for Indeed, on March 2, the Republican fili- nees have been reported on a party-line Federal agencies to do the work Con- buster and obstruction of the nomina- vote as Senate Republicans look for gress and the American people want tion of Justice Barbara Keenan of Vir- any reason to oppose every nomina- them to do if they spend months—in ginia to be a Fourth Circuit Judge had tion. I hope this new standard does not some cases, years—leaderless. It is im- to be ended by invoking cloture. Sen- become the rule for Senate Repub- possible for them to do their work if ate Republicans would not agree to de- they can hope that a momentary peace bate and vote on her nomination and licans. Of the 17 Federal circuit and district will break out in the Senate to allow the majority leader was required to court judges confirmed, 14 have been for confirmation of the presidential proceed through a time consuming pro- designee for their respective agency. cedure to end the obstruction. The confirmed unanimously. That is right. The delay and obstruction is so base- As Senators, we are endowed with a votes to end debate and on her con- constitutional responsibility to lend firmation were both 99 to 0. That nomi- less that when votes are finally taken, our advice and consent to the men and nation had been reported in October. they are overwhelmingly in favor and women a President nominates to run So after more than 4 months of stall- most often unanimous. There have agencies and parts of agencies. ing, there was no justification, expla- been only a handful of votes cast Career civil servants can do a lot. We nation or basis for the delay. That is against just three of President Obama’s would be lost without them. But they wrong. That was the 17th filibuster of nominees to the Federal circuit and do not have the authority, or the ac- President Obama’s nominations. district courts. One of those, Judge The 18 judicial nominees awaiting Gerry Lynch of the Second Circuit, countability to Congress and the Amer- Senate consideration are: Jane Stranch garnered only three negative votes, and ican people to accomplish what a of Tennessee, nominated to the Sixth 94 votes in favor. Judge Andre Davis of President selects them to do. Circuit; Judge Thomas Vanaskie of Maryland was stalled for months and Yet many of our colleagues on the Pennsylvania, nominated to the Third then confirmed with 72 votes in favor. other side of the aisle would deny Circuit; Judge Denny Chin of New Judge David Hamilton was filibustered President Obama any of his nominees. York, nominated to the Second Circuit; in a failed effort to prevent an up or I believe a President—the current Justice Rogeriee Thompson of Rhode down vote. President or any future President with Island, nominated to the First Circuit; So why all the obstruction and whom I am lucky enough to serve—is Judge James Wynn of North Carolina, delay? It is part of a partisan pattern. due a great deal of deference in his or nominated to the Fourth Circuit; Even when they cannot say ‘‘no,’’ Re- her selections for Senate-confirmable Judge Albert Diaz of North Carolina, publicans nonetheless demand that the positions. nominated to the Fourth Circuit; Senate go slow. The practice is con- For our Republican colleagues, it Judge Edward Chen, nominated to the tinuing. There have already been 17 would seem there is a belief that the Northern District of California; Justice filibusters of President Obama’s nomi- Federal Government should just not Louis Butler, nominated to the West- nees. That is the same number of Fed- function, certainly any government led ern District of Wisconsin; Nancy eral circuit and district nominees the by President Obama. Freudenthal, nominated to the District Senate has confirmed during the en- We have seen the slow-walking, the of Wyoming; Denzil Marshall, nomi- tirety of the Obama administration. indefinite—and indefensible—holds on nated to the Eastern District of Arkan- And that comparison does not include nominations for crucial national secu- sas; Benita Pearson, nominated to the the many other nominees who were de- rity positions. Only when Armed Serv- Northern District of Ohio; Timothy layed or who are being denied up-or- ices Chairman LEVIN took the unusual Black, nominated to the Southern Dis- down votes by Senate Republicans re- step of embarrassing colleagues who trict of Ohio; Gloria M. Navarro, nomi- fusing to agree to time agreements to were placing a hold for their home nated to the District of Nevada; Au- consider even noncontroversial nomi- State politics did a number of impor- drey G. Fleissig, nominated to the nees. tant nominees get reported out of our Eastern District of Missouri; Lucy H. I urge Senate Republicans to recon- committee. Koh, nominated to the Northern Dis- sider their destructive strategy and to There is still a hold by one of our Re- trict of California; Jon E. DeGuilio, work with us to provide final consider- publican colleagues—unbelievable as it nominated to the Northern District of ation without further delay to the 18 may seem—on the promotion of an Indiana; Tanya Walton Pratt, nomi- judicial nominees on the Senate Execu- Army general while our Nation is in- nated to the Southern District of Indi- tive Calendar awaiting final action. We volved in two wars. ana; and Jane Magnus-Stinson, nomi- can make real progress if they will join But the problem and the cynicism of nated to the Southern District of Indi- with us and we work together. Republican obstructionism is seen no- ana. Twelve of the 18 were reported The PRESIDING OFFICER. The Sen- where as obviously as in the judiciary. from the Senate Judiciary Committee ator from Virginia. There are currently 103 Federal judge without opposition; one had a single f vacancies. negative vote. The stalling and ob- Several nominees reported out of the struction should end and these nomina- EXTENSION OF MORNING Judiciary Committee have been denied tions should be considered by the Sen- BUSINESS votes in the Senate by Republican ate and voted upon without further Mr. WARNER. I thank my colleague ostructionism for almost 200 days. In delay. When they are, they, too, will be from Colorado. I ask unanimous con- some cases the judicial seat to be filled confirmed overwhelmingly. sent that 7 minutes of morning busi- has been vacant for years. I also want to highlight my concern ness be added to each side and at the It is clear that—even if they are in about the new standard the Republican end of that time, the Senate stand in denial about who was elected in 2008— VerDate Mar 15 2010 02:33 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16MR0.REC S16MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 16, 2010 CONGRESSIONAL RECORD — SENATE S1575 our Republican colleagues have their up action on the floor of the Senate to Build America Bonds program by giv- sights set on 2012 and beyond, when carry out our constitutional respon- ing insurers of certain tax credit bonds they hope to have a huge number of sibilities to act on the President’s for school construction and alternative Federal court vacancies to be filled by nominations. energy projects the option of receiving a President more to their liking. This is denying the people of America direct payment of up to 65 percent of Obstruction of nominees hurts the the protections they are entitled to by the interest cost. The House bill would, functioning of the government our col- the courts and by agencies. It is wrong. in certain cases, reimburse up to 100 leagues have strived to be part of.
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