May 21, 2012 CONGRESSIONAL RECORD — SENATE S3307 was not included. The chairman men- Thankfully enough, Senate Repub- nominated by President Obama after tioned the importance of consensus, licans came forward to say they are consultation with the most senior and and that is what we worked on. not going to delay a vote or to con- longest-serving Republican in the Sen- As this process progressed, my staff tinue a filibuster. We ought to just ate, Senator DICK LUGAR of Indiana, met with the Republican staff on the have an up-or-down vote, which we al- who strongly supported the nomina- HELP Committee for at least 2 hours ways used to do. Hopefully, we will not tion. Fortunately, the Senate rejected every week to keep them informed of vote to promote a filibuster, but vote that unjustified filibuster and Judge everything that was happening. I per- up or down, and I thank those Repub- Hamilton was confirmed with Senator sonally met with the members of the licans who came forward and said LUGAR’s support. committee before the markup to make enough of the cloture votes, let’s vote. Senate Republicans previously en- sure I understood their priorities. No This nominee, Paul Watford, is high- gaged in misguided filibusters last year one office got the entirety of what they ly qualified. In fact, he has the highest of Goodwin Liu’s nomination to the wanted. However, we did find the 80 qualifications for the Ninth Circuit. He Ninth Circuit and Caitlin Halligan’s percent of each solution we could all shouldn’t be filibustered. He should not nomination to the D.C. Circuit. Each of agree could help solve whatever policy require a cloture vote. He is a nominee those nominees is the kind of brilliant the group was working on. with impeccable credentials and quali- lawyer we should encourage to join the What we see before us now is the out- fications. He served as a Federal pros- Federal bench. There were certainly no come of the hard work of these groups. ecutor and is now a highly regarded ap- ‘‘extraordinary circumstances’’ for fili- The bill passed the committee by a pellate litigator in private practice. He bustering their nominations. Senate voice vote. The bill reflects the work of served as a law clerk at the United Republicans filibustered them anyway, every member of the Health, Edu- States Supreme Court and at the setting a new and unfortunate standard cation, Labor, and Pensions Com- United States Court of Appeals for the for the Senate. Those filibusters dem- mittee. All of them have at least one Ninth Circuit. The ABA Standing Com- onstrated that any nominee can be fili- provision included in this legislation, mittee on the Federal Judiciary gave bustered based on concocted controver- and many members of the committee Paul Watford the highest possible rat- sies and baseless claims. That was un- worked with us to find consensus meas- ing they could give and they gave it to fortunate and unwise. Senate Repub- ures that addressed their priorities as him unanimously. He also has the licans have already succeeded in pre- well. strong support of his home State Sen- venting confirmation votes on five of This legislation is a model for how ators, Senator FEINSTEIN and Senator President Obama’s judicial nominees the process can and should work no BOXER. He has widespread support who were blocked from a Senate vote matter what the political environment. across the spectrum, including known after being voted out of the Senate Ju- This went to committee, it was worked conservatives such as two former diciary Committee. Presidents of the Los Angeles chapter in committee, it is now at the Senate Paul Watford is the kind of person we floor, and I hope my colleagues will of the Federalist Society, as well as Judge Alex Kozinski, a conservative want in our Federal judiciary. This is join me in supporting this truly bipar- the kind of person when we talk about tisan provision that reduces the debt Reagan appointee who is now Chief Judge of the Ninth Circuit. By any tra- the Federal courts, we can say here is and ensures that the United States will a judge we can look up to and who can maintain its leadership in the innova- ditional measure, Paul Watford is the kind of judicial nominee who should be inspire others who seek to be judges. tion of safe and effective biomedical He is not a nominee against whom a product. confirmed easily by an overwhelming vote—a vote of both Republicans and partisan filibuster would be justifiable, I yield the floor. and I thank some of those Republican f Democrats. I had hoped after the agreement be- Senators who called me this weekend EXECUTIVE SESSION tween the Democratic and Republican who said they would oppose a Repub- Senate leadership to begin finally con- lican filibuster. I thank them for that, sidering the backlog of judicial nomi- because what they are doing is what is NOMINATION OF PAUL J. nations from last year that the Senate best for the Senate. By allowing a vote, WATFORD, OF CALIFORNIA, TO was at last returning to regular order. they are doing the best for the Ninth BE UNITED STATES CIRCUIT The refusal of Senate Republicans to Circuit but, even more importantly, JUDGE FOR THE NINTH CIRCUIT consent to a debate and vote on this they are doing what is best for the independence of our Federal judiciary. The PRESIDING OFFICER. Under nomination for more than 31⁄2 months, the previous order, the Senate will pro- however, again required the Majority Because if one is going to vote to try to ceed to executive session to consider Leader to file cloture to end another block somebody as qualified as Paul the following nomination which the Republican filibuster. Watford, one is basically saying they clerk will report. Senate Republicans continue to don’t care who the nominee is, they are The legislative clerk read the nomi- apply what they have admitted is a going to block it, and that is not the nation of Paul J. Watford, of Cali- ‘‘new standard’’ to President Obama’s message we should send if we are going fornia, to be United States Circuit judicial nominees. From the beginning to have an independent Federal judici- Judge for the Ninth Circuit. of the Obama administration, Senate ary in this country. The PRESIDING OFFICER. Under Republicans abandoned the standards He has a mainstream record. He dem- the previous order, there will be 1 hour and arguments they used to say should onstrates legal excellence and experi- of debate equally divided and con- apply to judicial nominations. During ence at the top of his profession. He trolled in the usual form. the administration of the last Presi- clerked at the United States Supreme The Senator from Vermont. dent, a Republican, they insisted that Court for Justice Ruth Bader Ginsburg Mr. LEAHY. I am glad we are finally filibusters of judicial nominees were and on the Ninth Circuit for now-Chief able to debate and vote on the nomina- unconstitutional. They threatened the Judge Alex Kozinski, a conservative tion of Paul Watford of California to ‘‘nuclear option’’ in 2005 to guarantee appointee of President Ronald Reagan. fill a judicial emergency vacancy on up-or-down votes for each of President Over his 17-year legal career, Paul the Ninth Circuit. As the distinguished Bush’s judicial nominations. Many Re- Watford has worked on briefs in nearly Presiding Officer knows, it was 31⁄2 publican Senators declared that they 20 cases before the United States Su- months ago that we voted Mr. Watford would never support the filibuster of a preme Court, and has argued numerous out of committee. We had not been able judicial nomination. cases before the Ninth Circuit Court of to get an agreement to debate or vote Senate Republicans reversed course Appeals as well as the California appel- on this nomination since it was ap- and filibustered President Obama’s late courts. As a Federal prosecutor in proved. So for the 27th time, the major- very first judicial nomination, that of the 1990s, Mr. Watford handled prosecu- ity leader was forced to file cloture to Judge David Hamilton of Indiana. They tions involving immigration and drug get an up-or-down vote on one of Presi- tried to prevent an up-or-down vote on offenses, firearms trafficking, and dent Obama’s judicial nominations. that nomination even though he was major frauds.

VerDate Mar 15 2010 04:41 May 22, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MY6.030 S21MYPT1 jbell on DSK7SPTVN1PROD with SENATE S3308 CONGRESSIONAL RECORD — SENATE May 21, 2012 So he should be on the Ninth Circuit, legal and economic challenges faced in both As Chief Justice Roberts noted dur- and I am delighted, as I make a pre- spheres, and an appreciation for the impor- ing his confirmation hearing, lawyers liminary nose count, that he will be tance of fair, consistent application of the represent clients. They do not stand in confirmed as a judge of the Ninth Cir- rules of law that govern business. their client’s shoes and they should not cuit. When confirmed, he will be only The assistant general counsel of have their client’s legal positions used the second African-American judge Mattel joins in this support, writing: against them. serving on the Ninth Circuit, joining ‘‘[I can] personally attest to his reputa- Let’s abandon the crude and inac- Judge Johnnie Rawlinson of Nevada on tion for being remarkably intelligent, curate litmus tests being applied to the bench. And I will not be surprised insightful and evenhanded. He is highly President Obama’s nominees. Let’s when he is confirmed, because of his regarded within his firm, amongst his stop the caricaturing. If not, no lawyer work as a tough but very fair pros- clients, and within the wider legal could ever be confirmed to the Federal ecutor. It is no surprise that he had community for his exceptional skills as bench. When we have a lawyer who has support from conservatives as well as an appellate practitioner.’’ actually been active in his or her prac- liberals. The shock I had was that for a Daniel Collins, an Associate Deputy tice, of course they are going to rep- while, his nomination was being held Attorney General during the adminis- resent some people others disagree up and we couldn’t get a vote. tration of President George W. Bush, with. Of course, they are going to rep- Two former presidents of the Los An- described Paul Watford as ‘‘incredibly resent some issues where others may, geles Chapter of the Federalist Society intelligent and has solid integrity and as individual Senators, feel they would wrote to the Judiciary Committee in great judgment.’’ He concluded that rather be on the other side of the issue. support of Mr. Watford. Jeremy Rosen this judicial nominee would not ‘‘ap- But how quickly would our legal sys- wrote: proach the job with any kind of agenda tem break down if lawyers could only Everyone who knows Paul (whether they other than to do what is right and con- represent one side of an issue, or when are conservative or liberal, or somewhere in sistent with precedent as he under- a matter comes to court we can only between) recognizes that he possesses the stands it.’’ hear from one side and not from the qualities that are most needed in an appel- I ask unanimous consent that copies other? One of the most valued legal late judge. While I find myself in somewhat of letters of support be printed in the systems in the world would disinte- frequent disagreement with the President on RECORD at the conclusion of my state- grate. many issues (and an active supporter of one ment. As an attorney in private practice of his opponents), his nomination of Paul to The PRESIDING OFFICER. Without Paul Watford has advocated positions the Ninth Circuit is a home-run and should objection, it is so ordered. receive bi-partisan support. well within the mainstream of legal ar- (See exhibit 1.) gument. There were only two cases on Henry Weissman, another former Mr. LEAHY. Paul Watford is far from which he worked as a lawyer among Federal Society chapter President, an ideological, partisan selection. He the hundreds and possibly thousands in wrote that he has ‘‘never seen any hint shouldn’t engender any serious objec- which he has been involved, that were of politics in Mr. Watford’s lawyering’’, tion; he is too good for that. He is the criticized by Committee Republicans. and that he has ‘‘every confidence that, kind of nominee who, as my years here In one, the well-known law firm with as a judge, Mr. Watford would apply in the Senate demonstrate, normally which he is affiliated represented the law faithfully, objectively, and receives unanimous support. It would groups challenging the controversial even-handedly.’’ usually not even require a roll call Arizona immigration law, and won a Conservative law professor Eugene vote, because he has the qualifications, preliminary injunction against certain Volokh of UCLA Law and creator of the judgment, and the ability. Maybe provisions for violating the Constitu- the conservative Volokh Conspiracy some were concerned that he was too tion. In his role as an attorney he was blog, expressed his strong support for well qualified or relatively young, and consulted by others working on the Mr. Watford to the Committee, writ- so some feared he might some day be case to review and edit their prelimi- ing: nominated to a still higher court so nary injunction motion. That motion He has all the qualities that an appellate they wanted to avoid voting on his contains arguments based on Federal judge ought to have: intellectual brilliance, nomination as they did when Elena preemption, due process, and other thoughtfulness, fairness, collegiality, an Kagan was nominated to the D.C. Cir- constitutional rights that are well ability to deal civilly and productively with colleagues of all ideological stripes, and a cuit by President Clinton, or when within the mainstream of legal advo- deep capacity for hard work. . . . Paul is the they delayed a vote as they did with cacy and that were raised, as well, by sort of moderate Democratic nominee that Judge Sonia Sotomayor when she was the U.S. Department of Justice in its moderates and conservatives, as well as lib- nominated to the Second Circuit by filings. That a Senator might disagree erals, should solidly support. President Clinton. with the position he assisted in devel- Conservative law professor Orin Kerr I strongly disagree with those who oping on behalf of his firm’s clients in of George Washington University Law, seek to nitpick this man’s legal career. this case is hardly a reason to oppose a former special counsel to Senator Since his service as a Federal pros- his nomination. I did not oppose Chief CORNYN, called him ‘‘extremely bright, ecutor, he has worked at a highly re- Justice Roberts’ nomination because a moderate, and very much a lawyer’s spected Los Angeles law firm on a wide he helped and advised the challenge re- lawyer,’’ and concluded an online post variety of matters. He has always rep- sulting in Bush v. Gore. Paul Watford’s saying, ‘‘I hope he will be confirmed.’’ resented his clients ethically and to legal work at Munger, Tolles was pro- In their letter of support, 32 of the the best of his legal ability. fessional, principled and not out of the clerks who served with him at the Su- The distinguished Presiding Officer, mainstream. preme Court from the chamber of all who has been an attorney general of The other case on which critics have the other Justices concluded: ‘‘We are his State, knows that lawyers are sup- fastened as if to justify their opposi- unanimous in our view that Paul pos- posed to give their best counsel and tion was his legal advocacy on behalf of sesses all the qualities of the most their best effort to those whom they clinical ethicists and critical care pro- highly regarded jurists: powerful ana- are representing. That is what lawyers viders challenging a specific lethal in- lytical abilities, a readiness to listen are supposed to do. In my case, I de- jection protocol. He did not challenge to and consider fairly all points of fended criminals in private practice. I the death penalty as unconstitutional. view, a calm temperament, and a pro- then prosecuted criminals as a pros- The legal challenge was to the manner digious work ethic.’’ ecutor. In both cases, I knew what my in which it was being administered. In A number of corporate general coun- role in the legal system was. As I said, fact, in direct and express answers to sels from leading U.S. corporations that is what lawyers are supposed to questions from Senator GRASSLEY, the have written us urging confirmation: do. Actually, that is what Republicans nominee wrote that he does not have Mr. Watford has represented a broad spec- used to argue to defend the Federalist any personal conviction or religious be- trum of clients, both in private industry as Society and corporate lawyers that liefs that would impact the way he well as in the public sector. In doing so, he were being nominated by a Republican would rule in a death penalty case and has demonstrated an understanding of the President. that he would have no difficulty ruling

VerDate Mar 15 2010 04:41 May 22, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MY6.032 S21MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 21, 2012 CONGRESSIONAL RECORD — SENATE S3309 fairly and impartially in cases involv- and wrong. Almost every nominee who their treatment of Caitlin Halligan, ing the death penalty. He also an- has actually been a practicing attorney their shifting standards and their pur- swered that he believes the death pen- who has had more than one client in ported caseload argument. But if case- alty an acceptable form of punishment their life is going to fail such a test. loads were really a concern, Senate Re- and that he would have no difficulty They are going to be disqualified, be- publicans would not have delayed ac- faithfully applying the Supreme cause if they are practicing law, if they tion on this nomination to a judicial Court’s precedent in that regard. How are doing what they are supposed to do, emergency vacancy on the overbur- this record can be seen as justifying op- if they are making sure that someone dened Ninth Circuit for more than 3 position is beyond me. is adequately represented in court no months. Our legal system is an adversary sys- matter how unpopular that case may There is no justification for refusing tem that is predicated upon legal advo- be, then of course they are going to to address the needs of the Ninth Cir- cacy from both sides. No nominee take on some cases we might not like. cuit. A few years ago the Senate was should be disqualified for representing The distinguished Presiding Officer was forced to invoke cloture to overcome clients zealously. Go back in history. the chief prosecuting officer of his Republican filibusters of President John Adams, one of the most revered State. I was the chief prosecuting offi- Clinton’s nominations of Richard Paez Founders and later President of this cer of my county. I prosecuted some and Marsha Berzon to the Ninth Cir- country, wrote that his representation people whom I wanted to go to jail for cuit. That obstruction is being re- of the British soldiers in the controver- as long as possible. But the last thing peated. sial case regarding the Boston Mas- I wanted was for them not to have a We did not engage in tit for tat when sacre was ‘‘one of the most gallant, good and adequate lawyer on the other the presidency changed. During the generous, manly and disinterested ac- side. I wanted them to have the best of Bush administration, the Senate pro- tions of my whole life, and one of the counsel on the other side, because that ceeded to confirm seven of the nine best pieces of service I ever rendered way, society is protected. That way, Ninth Circuit nominees of President my country.’’ our court system is protected. That Bush. Four of President Bush’s Ninth Did he agree with the British in hold- way, it meant that if any one of us Circuit nominees were confirmed dur- ing the colonies subservient? Of course came in and were innocent and were ing his first 4-year term: Judge Richard not. Did he agree with the efforts of us being charged, we would know there Clifton, Judge Jay Bybee, Judge in this country to be free people—free was an example of always having rep- Consuelo Callahan, and Judge Carlos from alliance with Great Britain? Of resentation. Bea. course he did. That is what he did when Republican obstruction of this nomi- By contrast, Senate Republicans he helped and when he served as one of nation is particularly damaging given have been opposing our moving forward the Founders of this country and when the dire need for judges on the Ninth to consider and confirm Paul Watford he became President. But he also knew Circuit. With three times the number and Andrew Hurwitz, who are both our whole system broke down if some- of cases pending as the next busiest cir- strongly supported by their home State body within a court did not have ade- cuit and twice the caseload of the Senators, to fill judicial emergency va- quate representation on both sides, and judges on other circuits, the Ninth Cir- cancies. Senate Republicans have al- that is why he represented British sol- cuit cannot afford further delay filling ready successfully filibustered the diers in the case involving the Boston its emergency vacancies. The 61 mil- nomination of Goodwin Liu, who also Massacre—not because he was sup- lion people served by the Ninth Circuit had the strong support of his home portive of what the British were doing are not served by this delay. I have State Senators. and not because he wanted anything been asked for months that the Senate I urge Senators to show that we can other than to have us as a free people, expedite consideration of this nomina- work together to reduce the vacancies but because he wanted to make sure tion and that of Justice Hurwitz of Ari- that are burdening the Federal judici- that in a free country, in a free United zona to fill these judicial emergency ary. Do what some of my friends on the States of America, when someone goes vacancies. Republican side of the aisle have said before our courts, they are going to The Chief Judge of the Ninth Circuit, to me, which is to move forward to have representation on both sides, and Judge Alex Kozinski, a Reagan ap- vote for this nominee. They should also that is the way it should be. pointee, along with the members of the help the millions of Americans who At his confirmation hearing to be- Judicial Council of the Ninth Circuit, rely on our Federal courts who seek come the Chief Justice of the United wrote to the Senate months ago em- justice. We can show we intend to do States, John Roberts made the point: phasizing the Ninth Circuit’s ‘‘des- that. We can start right here by voting [I]t’s a tradition of the American Bar that perate need for judges,’’ urging the to confirm this good man, Paul goes back before the founding of the country Senate to ‘‘act on judicial nominees Watford, who is a highly qualified that lawyers are not identified with the posi- without delay,’’ and concluding ‘‘we nominee to the Ninth Circuit Court of tions of their clients. The most famous ex- fear that the public will suffer unless Appeals, and say to the American peo- ample probably was John Adams, who rep- our vacancies are filled very prompt- ple, we believe in justice for everybody resented the British soldiers charged in the ly.’’ The judicial emergency vacancies here. Boston Massacre. He did that for a reason, because he wanted to show that the Revolu- on the Ninth Circuit are harming liti- EXHIBIT 1 tion in which he was involved was not about gants by creating unnecessary and BARTLIT BECK HERMAN PALENCHAR overturning the rule of law, it was about vin- costly delays. The Administrative Of- & SCOTT LLP, dicating the rule of law. fice of U.S. Courts reports that it takes Chicago, IL, April 30, 2012. Our Founders thought that they were not nearly five months longer for the Ninth Re Paul Watford. being given their rights under the British Circuit to issue an opinion after an ap- Hon. HARRY REID, system to which they were entitled, and by peal is filed, compared to all other cir- Majority Leader, U.S. Senate, Hart Senate Of- representing the British soldiers, he helped cuits. The Ninth Circuit’s backlog of fice Building, Washington, DC. show that what they were about was defend- pending cases far exceeds other Federal Hon. PATRICK J. LEAHY, ing the rule of law, not undermining it, and Chairman, Committee on the Judiciary, U.S. that principle, that you don’t identify the courts. As of September 2011, the Ninth Senate, Russell Senate Office Building, lawyer with the particular views of the cli- Circuit had 14,041 cases pending before Washington, DC. ent, or the views that the lawyer advances it, far more than any other circuit. Hon. MITCH MCCONNELL, on behalf of the client, is critical to the fair When Senate Republicans filibus- Minority Leader, U.S. Senate, Russell Senate administration of justice. tered the nomination of Caitlin Office Building, Washington, DC. That has always been our tradition. I Halligan to the D.C. Circuit for posi- Hon. CHARLES GRASSLEY, hope it always will be our tradition, tions she took while representing the Ranking Member, Committee on the Judiciary, but I am concerned that some feel it State of New York, they contended U.S. Senate, Hart Senate Office Building, Washington, DC. should change. This litmus test that that their underlying concern was that DEAR SENATORS: We write to provide our would disqualify nominees because as a the caseload of the D.C. Circuit did not enthusiastic support for Paul Watford’s nom- lawyer they represented a side in a justify the appointment of another ination to serve on the United States Court case on which we disagree is dangerous judge to that Circuit. I disagreed with of Appeals for the Ninth Circuit.

VerDate Mar 15 2010 02:36 May 22, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MY6.033 S21MYPT1 jbell on DSK7SPTVN1PROD with SENATE S3310 CONGRESSIONAL RECORD — SENATE May 21, 2012 We have known Paul personally and profes- in important and complex appellate matters. ences in public service and private practice, sionally for nearly twenty years, having met Paul has been a lawyer representative to the Mr. Watford has gained the respect and ad- him in 1994 when we served together as Ninth Circuit Judicial Conference, and has miration of his peers. At every stage of his clerks to Judge Kozinski on the Ninth Cir- achieved distinction in the profession. Given career, he has demonstrated a strong work cuit. One of us also spent a second year his experience as a law clerk, as a federal ethic, a judicious temperament, unquestion- working with Paul during the year he spent prosecutor, and as a lawyer in private prac- able 1 integrity, a collaborative and respect- as clerk to Justice Ginsburg at the United tice, Paul has an ideal background for the ful manner, and a deeply thoughtful ap- States Supreme Court. position of a Circuit Judge. proach to each and every issue that has During the crucible those intense years, we The group below is composed of individuals crossed his desk. learned a lot about Paul’s approach to legal with very different political viewpoints and As a close family of Kozinski clerks, we issues, his attitudes about legal rules and represents clerks from the chambers of every share Chief Judge Kozinski’s strong faith in precedents, and perhaps most importantly Justice on the Supreme Court during the Mr. Watford’s abilities. We believe he has the his demeanor when confronted with com- OT95 term. We are unanimous in our view necessary qualifications and characteristics peting views of what the law is or should be. that Paul possesses all the qualities char- to make an exemplary federal appellate Paul is intelligent, thoughtful, balanced and acteristic of the most highly regarded ju- judge. Based on his record and personality, fair. He is moderate, not extreme, in his rists: powerful analytical abilities, a readi- we have no doubt that Mr. Watford would ap- views. As a serious student of the law, his in- ness to listen to and consider fairly all proach each case with an open mind and stinct is to look for the answer dictated by points of view, a calm temperament, and a make thoughtful judgments based on the precedent, not his personal views. And even prodigious work ethic. We respectfully re- law. Accordingly, we recommend him for in the face of heated debate, he maintains an quest that the Senate bring Paul’s nomina- this position without hesitation or reserva- even keel, demonstrating a temperament tion to a vote and confirm him to the Ninth tion. that is well-suited to the act of judging. Circuit. Sincerely, Others can and no doubt will speak to Sincerely, Jerry L. Anderson, Drake University Law Paul’s obvious qualifications, including his Julia Ambrose, David Barron, Stuart School, Judge Alex Kozinski (1986–1987); Fred demonstrable intelligence and distinguished Benjamin, Yochai Benkler, Steve A. Bernstein, Judge Alex Kozinski (1996– professional career. We can speak, from both Chanenson, Nancy Combs, Jeff Dob- 1997); James Burnham, Judge Alex Kozinski sides of the political aisle (one registered bins, Charlie Duggan, Ward (2009–2010); Steven A. Engel, Dechert LLP, Democrat, one registered Republican), to the Farnsworth, Lisa Beattie Freling- Judge Alex Kozinski (2000–2001); Justice An- personal qualities and temperament that huysen, Shawn Fagan, Sean Gallagher, thony M. Kennedy (OT 2001); Kristin A. make Paul not only qualified but uniquely Heather Gerken, Craig Goldblatt, Mark Feeley, Judge Alex Kozinski (2009–2010); Stu- well-suited to the position to which he has Harris, Julie Katzman, Joseph art Banner, UCLA School of Law, Judge Alex been nominated. We could go on (and on) Kearney, Steve Kinnaird, Kelly Klaus, Kozinski (1988–1989); Justice Sandra Day with our praise for Paul, but the simple fact Laurie Allen Mullig, Eileen Mullen, O’Connor (OT 1991); William A. Burck, Quinn is that he will make an excellent judge. Kate Moore, Jennifer Newstead, Emanuel Urquhart & Sullivan LLP, Judge We urge you to bring Paul’s nomination to Gretchen Rubin, Kevin Russell, Maria Alex Kozinski (1998–1999); Justice Anthony a vote, and to vote to confirm. Simon, Simon Steel, Ted Ullyot, Phil M. Kennedy (OT 1999); Jacqueline Gerson Very truly yours, Weiser, Mike Wishnie, Michael Wong, Cooper, Judge Alex Kozinski (1990–1991); Jus- SEAN W. GALLAGHER, Ernie Young. tice Anthony M. Kennedy (OT 1991); Susan E. MARK S. OUWELEEN. Engel, Kirkland & Ellis LLP, Judge Alex Hon. HARRY REID, Kozinski (2000–2001); Justice Antonin Scalia MAY 15, 2012. Majority Leader, U.S. Senate, 522 Hart Senate (OT 2001); Victor Fleischer, Professor of Law, DEAR MAJORITY LEADER REID AND MINOR- Office Building, Washington, DC. University of Colorado, Judge Alex Kozinski ITY LEADER MCCONNELL, We write in strong Hon. PATRICK J. LEAHY, (1997–1998). support of Paul Watford’s nomination to be a Chairman, Committee on the Judiciary, U.S. Troy Foster, Wilson Sonsini Goodrich & Judge on the United States Court of Appeals Senate, 433 Russell Senate Office Building, Rosati, Judge Alex Kozinski (1999–2000); Sean for the Ninth Circuit. All of us served as law Washington, DC. W. Gallagher, Judge Alex Kozinski (1994– clerks at the Supreme Court during the same Hon. MITCH MCCONNELL, 1995), Justice Sandra Day O’Connor (OT 1995); year that Paul clerked for Justice Ruth Minority Leader, U.S. Senate, 361A Russell Sen- Stephanie Grace, Latham & Watkins LLP, Bader Ginsburg (the October 1995 Term of ate Office Building, Washington, DC. Judge Alex Kozinski (2010–2011); Robert K. the Court). During that time, some of us Hon. CHARLES GRASSLEY, Hur, Judge Alex Kozinski (2001–2002), Chief worked with Paul directly in Justice Gins- Ranking Member, Committee on the Judiciary, Justice William H. Rehnquist (OT 2002); T. burg’s chambers; others of us worked di- U.S. Senate, 135 Hart Senate Office Build- Haller Jackson IV, Tulane University School rectly with Paul on cases that we were as- ing, Washington, DC. of Public Health & Tropical Medicine, Judge signed to in common; and all of us got to DEAR MAJORITY LEADER REID, MINORITY Alex Kozinski (2009–2010); Theane Evangelis know Paul as a colleague. Based on what we LEADER MCCONNELL, CHAIRMAN LEAHY, AND Kapur, Gibson, Dunn & Crutcher LLP, Judge saw then, and what we know of Paul’s career RANKING MEMBER GRASSLEY: We write in Alex Kozinski (2003–2004), Justice Sandra in the years since, we believe that Paul is a support of the nomination of Paul J. Watford Day O’Connor (OT 2004); Scott Keller, Judge superb choice to be a Judge on the Ninth Cir- to the United States Court of Appeals for the Alex Kozinski (2007–2008), Justice Anthony cuit. We encourage you to support his nomi- Ninth Circuit. Like Mr. Watford, we have all M. Kennedy (OT 2009); John P. Franz, Judge nation and to bring it to a vote expedi- clerked for the Honorable Alex Kozinski of Alex Kozinski (1996–1997); Daniel L. Geyser, tiously. the U.S. Court of Appeals for the Ninth Cir- Gibson, Dunn & Crutcher LLP, Judge Alex Paul came to the Supreme Court after cuit, and we wish to echo the strong support Kozinski (2002–2003); Leslie Hakala, Judge clerking for Circuit Judge Alex Kozinski, a that Chief Judge Kozinski has given to Mr. Alex Kozinski (1997–1998), Justice Sandra Reagan appointee, and after attending UCLA Watford. Day O’Connor (OT 1999); Eitan Hoenig, Law School. His path to a Supreme Court All of us believe that Mr. Watford has the Wachtell, Lipton, Rosen & Katz, Judge Alex clerkship reflected his work ethic and his ability and character to be an excellent fed- Kozinski (2010–2011); Robert E. Johnson, legal acumen. At the Supreme Court, Paul eral appellate judge. Mr. Watford has a stel- Judge Alex Kozinski (2009–2010); Kevin M. brought those qualities to bear in analyzing lar reputation in the legal community. He is Kelly, Gendler & Kelly, Judge Alex Kozinski difficult legal problems and finding ways to known not only for his intelligence, but also (1989–1990), Justice Sandra Day O’Connor (OT explain them clearly and sensibly. In so for his collegiality and even temperament. 1990); Michael S. Knoll, Theodore K. Warner doing, Paul won respect from everyone he For those of us who know Mr. Watford per- Professor, Law School Professor of Real Es- worked with. Paul invariably got along well sonally, his graciousness, sincerity and bril- tate, Wharton School Co-Director, Center for with his peers, was always a superb listener, liance are immediately apparent. Tax Law, and Policy University of Pennsyl- and treated everyone with kindness and re- Mr. Watford’s legal career confirms that he vania; Judge Alex Kozinski (1986). spect. Those of us who clerked with Paul for has the experience, skills and demeanor well- Tara Kole, Gang, Tyre, Ramer & Brown, Justice Ginsburg know that she praised his suited for the bench. He clerked for two dis- Judge Alex Kozinski, (2003–2004), Justice work as exemplary and that she is a tough tinguished jurists, then-Judge Kozinski on Antonin Scalia (OT 2004); Chi Steve Kwok, judge of legal talent. the U.S. Court of Appeals for the Ninth Cir- Judge Alex Kozinski (2002–2003), Justice An- After leaving the Court, Paul has had a cuit and Justice Ruth Bader Ginsburg on the thony M. Kennedy (OT 2003); C.J. Mahoney, distinguished legal career in public service Supreme Court of the United States. He Judge Alex Kozinski (2006–2007), Justice An- and private practice. At the United States served in the Department of Justice as an thony M. Kennedy (OT 2007); Chris Newman, Attorney’s Office in Los Angeles, Paul was a Assistant United States Attorney in the Cen- George Mason University School of Law, standout lawyer in the criminal division and tral District of California. Mr. Watford is Judge Alex Kozinski (1999–2000); Christopher appeared regularly before the Ninth Circuit. currently a partner in the Los Angeles office R.J. Pace, Weil Gotshal & Manges LLP, For many years, Paul has been a partner at of Munger, Tolles, & Olson LLP, a well-re- Judge Alex Kozinski (1991–1992), Justice An- Munger, Tolles & Olson, where he helps lead spected law firm. He also has taught a course thony M. Kennedy (OT 1992); Mark A. Perry, that firm’s appellate practice and has rep- on judicial writing for prospective law clerks Gibson, Dunn & Crutcher LLP, Judge Alex resented a wide range of commercial clients at USC’s Gould School of Law. In his experi- Kozinski (1991–1992), Justice Sandra Day

VerDate Mar 15 2010 04:41 May 22, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MY6.004 S21MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 21, 2012 CONGRESSIONAL RECORD — SENATE S3311 O’Connor (OT 1993); David A. Schwarz, Irell different places and often end at very dif- Mrs. BOXER. I rise today to support & Manella LLP, Judge Alex Kozinski, (1988– ferent conclusions. Working closely with Paul Watford, a California nominee for 1989); Kathryn H. Ku, Munger, Tolles & Olson such diverse intellects is emblematic of Mr. the Ninth Circuit Court of Appeals LLP, Judge Alex Kozinski (2003–2004); Joshua Watford’s own capabilities and tempera- whose nomination is before us today. Lipshultz, Gibson, Dunn & Crutcher LLP, ment, and his legal talents are reflective of Judge Alex Kozinski (2005–2006), Justice their skills as well. He is a superb writer, a Mr. Watford has been nominated for Antonin Scalia (OT 2006); Laura Nelson, keen intellect, a strong oral advocate, and a seat that is designated as a judicial Judge Alex Kozinski (1985–1986); Mark someone with a genuine appreciation for the emergency, which means that it is crit- Ouweleen, Bartlitt Beck Herman Palenchar real interests on all sides. He is exactly the ical we move swiftly to confirm him. & Scott LLP, Judge Alex Kozinski (1994– kind of individual that any plaintiff or de- I was pleased when President Obama 1995); Eugene Paige, Keker & Van Nest LLP, fendant—person, business or government— nominated Mr. Watford to serve on the Judge Alex Kozinski (1998–1999); Justice An- would welcome deciding their case, and U.S. Ninth Circuit Court of Appeals. He thony M. Kennedy (OT 2000); Kathryn Haun would trust would do so fairly. has a wide breadth of experience, rang- Rodriguez, Judge Alex Kozinksi (2000–2001), We urge the Committee to swiftly and fa- ing from public service to the private Justice Anthony M. Kennedy (OT 2004); K. vorably act on Mr. Watford’s nomination. John Shaffer, Stutman, Treister & Glatt PC, Respectfully, sector, and he will make an excellent Judge Alex Kozinski (1989–1990), Justice An- Alan J. Glass, Vice President, General addition to the federal bench. thony M. Kennedy (OT 1990). Counsel & Secretary, CIRCOR Inter- Let me say a few words about his Steven M. Shepard, Judge Alex Kozinski national, Inc.; Randal S. Milch, Execu- background. (2007–2008), Justice Anthony M. Kennedy (OT tive Vice President and General Coun- Mr. Watford was born in Garden 2008); Elina Tetelbaum, Wachtell, Lipton, sel, Verizon Communications Inc.; Bob Grove, CA. He is a graduate of the Uni- Rosen & Katz, Judge Alex Kozinski (2010– Normile, Executive Vice President and versity of California at Berkeley, and 2011); Alexander ‘‘Sasha’’ Volokh, Assistant Chief Legal Officer, Mattel, Inc.; Kent received his law degree from the Uni- Professor, Emory Law School, Judge Alex Walker, Senior Vice President and Kozinski (2004–2005); Justice Sandra Day General Counsel, Google, Inc. versity of California at Los Angeles, O’Connor and Justice Samuel Alito (OT where he graduated with honors and 2005); Christopher J. Walker, Assistant Pro- MATTEL, INC., was an editor of the UCLA Law Re- fessor of Law, The Ohio State University, El Segundo, CA, January 31, 2012. view. Judge Alex Kozinski (2006–2007), Justice An- Hon. PATRICK J. LEAHY, Following law school, he clerked for thony M. Kennedy (OT 2008); Harry Susman, Chairman, Senate Judiciary Committee, 224 Judge Alex Kozinski on the Ninth Cir- Judge Alex Kozinski (1996–1997); Justice An- Dirksen Senate Office Building, Wash- cuit Court of Appeals, then clerked for thony M. Kennedy (OT 1997); Mary Ann Todd, ington, DC. Justice Ruth Bader Ginsburg on the Munger, Tolles & Olson LLP, Judge Alex Hon. CHARLES E. GRASSLEY, United States Supreme Court. Kozinski (1993–1994); Eugene Volokh, Gary T. Ranking Member, Senate Judiciary Committee, Schwartz Professor of Law, UCLA School of 224 Dirksen Senate Office Building, Wash- From 1997 through 2000, Mr. Watford Law, Judge Alex Kozinski (1992–1993), Justice ington, DC. served as a federal prosecutor in the Sandra Day O’Connor (OT 1993). DEAR CHAIRMAN LEAHY AND SENATOR United States Attorney’s Office for the GRASSLEY: I write this letter in support of Central District of California, where he THE GENERAL COUNSELS OF the nomination of Paul Watford to the handled a variety of criminal trial and FOUR LARGE BUSINESSES, United States Court of Appeals for the Ninth appellate matters for the office, includ- February 1, 2012. Circuit. I have known Paul on a professional ing major fraud investigations. Re Nomination of Paul J. Watford as Circuit basis for a number of years, and can person- After his tenure as a prosecutor, Mr. Judge of the U.S. Court of Appeals for ally attest to his reputation for being re- Watford entered private practice—first the Ninth Circuit. markably intelligent, insightful and even- with Sidley & Austin, then with his Hon. PATRICK J. LEAHY, handed. He is highly regarded within his Chairman, U.S. Senate, Committee on the Judi- firm, amongst his clients, and within the current law firm, Munger Tolles, where ciary, Washington, DC. wider legal community for his exceptional he is a partner specializing in appellate Hon. CHUCK GRASSLEY, skills as an appellate practitioner. More im- casework and complex commercial liti- Ranking Member, U.S. Senate, Committee on portantly, he is remarkably sincere and gation. the Judiciary, Washington, DC. friendly, and working with him is always a In addition to his record as a lawyer, DEAR CHAIRMAN LEAHY AND RANKING MEM- pleasure. Mr. Watford has served in bar associa- BER GRASSLEY: We write to express our sup- Paul enjoys an exemplary record as an at- tions and professional committees. He torney: UCLA Law Review Editor, clerk to port for the nomination of Paul J. Watford has served as Co-Chair of the American to the U.S. Court of Appeals for the Ninth Judge Alex Kozinski of the Ninth Circuit, Circuit, and urge that the Committee clerk to Justice Ruth Bader Ginsburg of the Bar Association’s Appellate Practice promptly and favorably act to send his nomi- U.S. Supreme Court, Assistant U.S. Attorney Committee, and he is a member of the nation to the floor for confirmation. We are in Los Angeles, and currently, a partner at Central District Court’s Magistrate Se- General Counsels of a broad spectrum of the esteemed firm of Munger, Tolles & Olson. lection Panel. American businesses. Everything we know Paul has had significant, substantive in- The American Bar Association has about Mr. Watford, both from the direct con- volvement in bar association activities; most given him their highest rating—unani- tact some of us have had to others who have notably, he served as the Chair of the ABA mously well qualified. only seen his work, indicates that he would Litigation Section’s Appellate Practice Com- Mr. Watford has earned the respect of be a superb addition to the bench. mittee, and on the ABA’s Amicus Curiae For the last 11 years of private practice at Committee. In addition, Paul shares his tal- attorneys who know his work. For ex- one of the nation’s premier law firms, Mr. ent and time with the broader community, ample, Daniel Collins, who clerked for Watford has represented a broad spectrum of serving on the board of a non-profit legal Justice Scalia and served as an attor- clients, both in private industry as well as in services provider for low income clients and ney in both Bush administrations, said the public sector. In doing so, he has dem- teaching upper-division legal writing at this about Mr. Watford: onstrated an understanding of the legal and USC. Certainly, Paul’s resume is testament He just embodies the definition of judicial economic challenges faced in both spheres, to his stellar qualifications and his dedica- temperament—very level-headed and even- and an appreciation for the importance of tion to the law. keeled. . . . I don’t think he’ll approach the fair, consistent application of the rules of Paul has assisted Mattel with several ap- job with any kind of agenda other than to do law that govern business. The jobs, goods pellate matters. His analysis, reasoning and what is right and consistent with precedent and services that constitute our economy re- writing is of the highest caliber. His per- as he understands it. quire exactly that objective and impartial formance as a ‘‘judge’’ on a moot court approach to deciding the important legal panel, however, is what stands out most in And Jeremy Rosen, a partner at principles that come before a court such as my mind. His questions went right to the Horvitz & Levy and former president of the Ninth Circuit. We have every confidence core issues, his follow-up questioning was the Los Angeles Lawyers Chapter of that Mr. Watford has the right experience, quick and insightful, and his discussion of the Federalist Society, said Mr. intellect and character for such an impor- legal nuances and distinctions came easily Watford is a nominee many conserv- tant role in the judiciary. and naturally. As always, his demeanor was atives could support: It also is noteworthy that Mr. Watford’s thoughtful, attentive and respectful. Paul I know he has the respect of anyone who experiences prior to joining private practice has all the hallmarks of an excellent jurist, has come into contact with him. He is excep- demonstrate the same even-handed perspec- and I highly endorse his appointment to the tionally bright and well qualified. . . . tive. He served as a law clerk on the Ninth Ninth Circuit. Circuit and on the Supreme Court to jurists Sincerely, I ask unanimous consent to have who are known to come at issues from very JILL E. THOMAS. printed in the RECORD letters from

VerDate Mar 15 2010 04:41 May 22, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MY6.003 S21MYPT1 jbell on DSK7SPTVN1PROD with SENATE S3312 CONGRESSIONAL RECORD — SENATE May 21, 2012 Daniel Collins, Jeremy Rosen, Eugene To my mind, another indication of Paul’s lic, it is vitally important that brilliant, col- Volokh and Henry Weissmann imme- fairmindedness, and of his ability to separate legial, and fair-minded men and women serve diately following my remarks. law and politics, is the wide range of the as appellate judges. Paul Watford is such a The PRESIDING OFFICER. Without matters on which he has worked. Paul has person. gravitated to many of the most interesting Paul graduated with honors from UCLA objection, it is so ordered. legal matters in the firm, and that has Law School and then served as a law clerk to (See exhibit 1.) unsurprisingly led him to work on important two extremely distinguished judges (one Re- Mrs. BOXER. In conclusion, Mr. matters involving controversial issues that publican and one Democrat), Alex Kozinski Watford is a talented lawyer who has may generate strong reactions on one or the and Ruth Bader Ginsberg. Paul then served earned the respect of his peers for his other end of the political spectrum. I do not the public admirably as an assistant United work in the public and private sectors. think that Paul’s work on these or any other States Attorney. Since 2000, Paul has been He will be a great addition to the fed- cases can be viewed as suggesting that he an extremely distinguished appellate lawyer in private practice where he has handled eral bench, and I urge my colleagues to has an ideological agenda that would distort his approach to the law on the bench. Indeed, many complex and sophisticated appeals. join me in voting for him today. one of the more controversial cases that Throughout his career, Paul has shown him- EXHIBIT 1 Paul worked on was Mohamad v. Jeppesen self to possess excellent legal analysis and Los Angeles, CA, May 18, 2012. DataPlan Inc., in which he and I represented judgment. Indeed, there are few lawyers in Re Nomination of Paul J. Watford as Circuit the defendant company, which was accused California (or elsewhere) who are better pre- Judge, United States Court of Appeals by the plaintiffs (who were represented by pared for the intellectual challenges of be- for the Ninth Circuit. the ACLU) of assisting the CIA in carrying coming an appellate judge. out its alleged ‘‘extraordinary rendition’’ Most lawyers who have achieved as much HON. HARRY REID, as Paul tend to be unpleasant egomaniacs. Majority Leader, U.S. Senate, 522 Hart Senate program. That Paul has shown a willingness to work, with great professionalism, on such Not Paul. He is humble, polite and a good lis- Office Building, Washington, DC. tener. I have no doubt that he will have col- HON. PATRICK J. LEAHY, a diverse set of important matters seems to me to dispel any concern that his approach legial relations with the other judges on the Chairman, U.S. Senate, Committee on the Judi- Ninth Circuit. I also have no doubt that Paul ciary, 473 Russell Senate Office Building, to judging would be anything other than evenhanded. Paul has always struck me as a will be fair-minded and will carefully apply Washington, DC. the relevant legal precedent to each case he HON. MITCH MCCONNELL, lawyer’s lawyer and as refreshingly oblivious to ‘‘political’’ concerns. On the bench, he’d decides. Through his clerking experience, Republican Leader, U.S. Senate, 317 Russell and his public and private practice, Paul has Senate Office Building, Washington, DC. be a judge’s judge. Lastly, I would note that Paul has an out- always demonstrated high integrity and eth- HON. CHUCK GRASSLEY, ics. Ranking Member, U.S. Senate, Committee on standing disposition. Anyone who has met him for any length of time cannot fail to be In short, everyone who knows Paul (wheth- the Judiciary, 135 Hart Senate Office Build- er they are conservative or liberal, or some- ing, Washington, DC. impressed by his graciousness and profes- sional demeanor. He is without guile. On the where in between) recognizes that he pos- DEAR SENATORS: I write to express my sesses the qualities that are most needed in strong support for the confirmation of Paul bench, he would epitomize judicial tempera- ment. an appellate judge. Given the urgent need to J. Watford to be a Circuit Judge on the fill vacancies in the Ninth Circuit, I would United States Court of Appeals for the Ninth I recognize the importance of the decision to confirm an individual to a lifetime ap- strongly urge the Senate to swiftly confirm Circuit. Having known and worked with Paul Paul. for more than eight years at Munger, Tolles pointment as a federal appellate judge. I am confident that Paul Watford has the talent, Very truly yours, & Olson LLP in Los Angeles, I am confident JEREMY B. ROSEN. that he has the skills, judgment, tempera- fairness, and integrity to be an excellent ju- rist, and I am pleased to support his con- ment, and integrity to be an outstanding ap- UNIVERSITY OF CALIFORNIA, pellate judge. firmation. Sincerely, SCHOOL OF LAW, Paul and I come from opposite ends of the Los Angeles, CA, January 30, 2012. DANIEL P. COLLINS. political spectrum. I have been a conserv- Hon. PATRICK J. LEAHY, ative Republican for my entire adult life, I Chairman, Senate Judiciary Committee, Wash- HORVITZ & LEVY LLP, am a member and supporter of the Federalist ington, DC. Encino, CA, January 26, 2012. Society, and I served in the Justice Depart- Hon. CHARLES E. GRASSLEY, Re Nomination of Paul Watford. ment in Washington, D.C. during the Admin- Ranking Member, Senate Judiciary Committee, istrations of both George H.W. Bush and Hon. PATRICK J. LEAHY, Washington, DC. George W. Bush. Despite our political dif- Chairman, Senate Judiciary Committee, Dirksen DEAR CHAIRMAN LEAHY AND SENATOR ferences, I can unreservedly support Paul’s Senate Office Building, Washington, DC. GRASSLEY: I am writing this to express my nomination because I believe that he under- Hon. CHARLES E. GRASSLEY, strong support for the nomination of Paul stands and respects the crucial distinction Ranking Member, Senate Judiciary Committee, Watford to the United States Court of Ap- between law and politics. I say that based on Dirksen Senate Office Building, Wash- peals for the Ninth Circuit. I have long been years of having observed how he approaches ington, DC. extremely impressed by Paul, since I first legal precedent and how he analyzes complex DEAR CHAIRMAN LEAHY AND SENATOR met him almost 20 years ago, when my then- legal arguments. GRASSLEY: I write this letter in support of boss Judge Alex Kozinski (now Chief Judge) During our time together at Munger, the nomination of Paul Watford to the was interviewing him as a law clerk. Tolles, I have frequently consulted Paul on United States Court of Appeals for the Ninth As you know, Paul had a stellar academic many difficult legal issues, and he has served Circuit. I have known Paul for over a decade, career, graduating very near the top of his many times as a ‘‘moot court’’ judge helping first as a colleague and then as a friendly class at UCLA School of Law and then clerk- me to prepare for oral arguments. Given competitor in the relatively small California ing for Judge Kozinski and Justice Ruth Paul’s brilliance and honesty, I know that I appellate bar. Bader Ginsburg. He has also earned tremen- can always count on him to quickly spot the By way of background, I am a partner at dous respect as a practicing lawyer, both as weak points in a legal argument and to give Horvitz & Levy LLP, the largest civil appel- a federal prosecutor and an appellate lawyer. me a frank and professional assessment of late law firm in California. My practice pri- He has all the qualities that an appellate the applicable case law. Few traits are more marily focuses on handling appeals in the judge ought to have: intellectual brilliance, important in a Circuit Judge than a willing- Ninth Circuit and California appellate thoughtfulness, fairness, collegiality, an ness to adhere faithfully to precedent, and I courts. At the outset of my career, I had the ability to deal civilly and productively with have always been impressed by the thorough- privilege of serving as a law clerk for a judge colleagues of all ideological stripes, and a ness, objectivity, and candor that Paul on the Ninth Circuit. I am also a member of deep capacity for hard work. If confirmed, brings to bear in his evaluation of the rel- the National Chamber Litigation Center’s he’ll make a superb judge. evant body of law in any given area. California Advisory Committee and past Let me turn then to the question of ide- I strongly agree that judges must respect president of the Los Angeles Chapter of the ology. In the overwhelming majority of cases the proper limits of their office and should Federalist Society. that an appellate judge faces, the judge’s not attempt to implement a personal or ideo- While I find myself in somewhat frequent legal philosophy is entirely or almost en- logical agenda from the bench. I believe that disagreement with the President on many tirely irrelevant: The cases are either Paul understands those limits. While he and issues (and an active supporter of one of his straightforward applications of clear and I may differ on certain jurisprudential opponents), his nomination of Paul to the well-settled law, or, even if less than clear, issues, I have always been impressed by the Ninth Circuit is a home-run and should re- involve highly technical legal questions that even-handed and measured approach he ceive bi-partisan support. As an appellate relate little to high-level philosophical de- brings to bear in analyzing legal problems. I lawyer, I care deeply about our nation’s ap- bates. For those questions Paul’s intellect, feel confident that, on the bench, he would pellate courts and see on a daily basis the care, and legal craftsmanship will yield re- do his level best to fairly reach the correct important role they play in our society. For sults that both liberals and conservatives answer under the law as be sees it. appellate courts to effectively serve the pub- should applaud.

VerDate Mar 15 2010 04:41 May 22, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MY6.035 S21MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 21, 2012 CONGRESSIONAL RECORD — SENATE S3313 At the same time, there is no doubt that clients. He is brilliant, developing effective cation, we want those pharmaceuticals some small but important fraction of appel- arguments on matters of first impression. He available right away, and we want late cases consists of matters on which lib- is efficient, producing top-quality work prod- them to work as promised. eral judges and conservative judges will uct quickly. He is respectful of his col- One example of the many constitu- reach different results. That is inevitable: leagues, his opponents, and the courts. ents who have contacted me about Law is not mathematics. Some legal ques- Above all, he is a careful lawyer, applying tions are unsettled and not answered by stat- precedent and common sense in a way that PDUFA is Virginia from Newark, DE, utory or constitutional text, or binding leads to moderate arguments. I have never who recently sent a letter to my office. precedent. And in the absence of a clear and seen any hint of politics in Mr. Watford’s She volunteers with the National Brain obvious legal answer, different judges reach lawyering. Tumor Society and is concerned that different results based partly on their phi- Mr. Watford is highly regarded not only without reauthorization of this legisla- losophies. Paul is a moderate liberal; I am a within our firm, but also in the legal com- tion, safe and effective brain tumor moderate libertarianish conservative; I munity at large. Lawyers from private prac- therapies will be slower to be developed therefore expect that, if he is confirmed, tice, his former colleagues in the U.S. Attor- and made available to patients who there would be some future decisions of his ney’s office, clients, academics, and many need them. She wrote: with which I will disagree. others—including those from a wide range of Yet our current President is President political perspectives—hold Mr. Watford in It has been too long since any new thera- Obama, not Senator McCain. The American the highest esteem. pies have become available for brain tumor people spoke, and they elected someone who I have every confidence that, as a judge, patients that significantly extend survival. will not nominate judges with whom Repub- Mr. Watford would apply the law faithfully, Anyone can be diagnosed with a brain tumor, licans like me will always agree. So, respect- objectively, and even-handedly. Mr. Watford and they are the second leading cause of can- ing as I do the voters’ choice in 2008 (though would be an outstanding addition to the cer death in children under twenty. it was not my choice), I do not ask: Is this Ninth Circuit, and I support his nomination I say to the Presiding Officer, I am the sort of judge who shares my legal philos- enthusiastically. sure, like me, in your office, as a Sen- ophy? Rather, I ask: Would he be the sort of Sincerely, ator from Connecticut, you regularly judge whom I could respect intellectually? HENRY WEISSMANN. are visited by folks from around the Would he be the sort of judge whom I could Mr. LEAHY. Mr. President, I ask country or around your State who are trust to be fair-minded and respectful of the unanimous consent that following the deeply concerned about continuing legal rules that he is obligated to follow? Is he likely to be more on the moderate side vote on the Watford nomination, the medical progress, discovery and devel- rather than solidly on the left? For Paul, my motion to reconsider be considered opment of the lifesaving treatments answer to those questions is a definite yes. made and laid upon the table, with no Americans have developed over the last When a Democratic President nominates a intervening action or debate, that no two decades. It is my hope that the judge who is indeed well on the left, Repub- further motions be in order to the nom- Senate will continue to clear the way. licans like me face a difficult question: ination; that any statements related to That is why we need this legislation. Should we resist the nomination, or should the nomination be printed in the This reauthorization helps take care we accept it so long as the judge appears to RECORD; that the President be imme- of innovation and safety so consumers be excellent on the nonideological factors? I diately notified of the Senate’s action, and patients do not have to worry. It have not fully thought through this ques- permanently authorizes programs that tion. and that the Senate then resume legis- But for the reasons I mentioned, that’s a lative session. have helped make medicines safer for question that doesn’t even come up for me in The PRESIDING OFFICER. Is there millions of children. It upgrades the this instance. Paul is the sort of moderate objection? FDA’s tools to police the global supply Democratic nominee that moderates and Without objection, it is so ordered. chain and helps reduce the risk of drug conservatives, as well as liberals, should sol- Mr. LEAHY. Mr. President, I suggest shortages of the kind we saw recently, idly support. the absence of a quorum, but I ask which Senator KLOBUCHAR just spoke Sincerely, to earlier this afternoon, when supplies EUGENE VOLOKH. unanimous consent that the time be- tween now and the vote at 5:30 be even- of critical cancer medications ran low. ly divided. This is a matter of great urgency. HENRY WEISSMANN, The current FDA authorization will ex- Los Angeles, CA, May 3, 2012. The PRESIDING OFFICER. Without pire in a few short months. If we allow Re Nomination of Paul Watford. objection, it is so ordered. that to happen, we put at risk patient Hon. HARRY REID, The clerk will call the roll. access to new medications as well as Majority Leader, U.S. Senate, Hart Senate Of- The legislative clerk proceeded to America’s ongoing global leadership in fice Building, Washington, DC. call the roll. Hon. PATRICK J. LEAHY, biomedical innovation. Mr. COONS. Mr. President, I ask Worst of all, failing to reauthorize Chairman, U.S. Senate, Committee on the Judi- unanimous consent that the order for ciary, Russell Senate Office Building, Wash- would cost us thousands of jobs, and ington, DC. the quorum call be rescinded. more pink slips is not what we need as Hon. MITCH MCCONNELL, The PRESIDING OFFICER. Without our economic recovery gains strength. Republican Leader, U.S. Senate, Russell Senate objection, it is so ordered. If new drug and medical device user fee Office Building, Washington, DC. FDA REAUTHORIZATION agreements are not authorized before Hon. CHUCK GRASSLEY, Mr. COONS. Mr. President, I rise the current ones expire, the FDA must Ranking Member, U.S. Senate, Committee on today in strong support of the bipar- the Judiciary, Hart Senate Office Building, lay off nearly 2,000 employees. Because Washington, DC. tisan legislation to which the Senate that does not happen overnight, layoff DEAR SENATORS REID, MCCONNELL, LEAHY will move to reauthorize the Food and notices would start going out as early AND GRASSLEY: I write in support of the nom- Drug Administration user fees and crit- as July. The good news is we are mov- ination of Paul Watford to the United States ical programs to ensure Americans ing forward with a timely reauthoriza- Court of Appeals for the Ninth Circuit. have access to safe and effective medi- tion to save those jobs, save America’s I am a partner of Mr. Watford’s at Munger, cations. leading role in innovation, and ensure Tolles & Olson LLP. Prior to joining Most of us do not think about the that the FDA continues to make Munger, Tolles, I had the honor of serving as FDA on a regular basis. In fact, we a law clerk to Justice Antonin Scalia of the progress. Supreme Court and Judge James L. Buckley rarely think about where our medi- This is an all-too-rare display of bi- of the United States Court of Appeals for the cines come from, the scientists who in- partisanship across both Chambers. D.C. Circuit. I am also a past President of vented them, the investments required This legislation was unanimously ap- the Los Angeles Chapter of the Federalist to develop them, and the innovative, proved by the House committee and Society and serve on the Executive Com- cutting-edge new treatments that are found strong bipartisan support in the mittee of its national Telecommunications essential to keeping Americans HELP Committee here in the Senate, Practice Group. Although I do not agree healthy and safe or the regulators who ably led by Chairman HARKIN and with President Obama on many issues, I make sure these pharmaceuticals, de- completely agree with his nomination of Mr. Ranking Member ENZI. Watford. vices, and treatments work as they are There is a reason Members of the I have had the pleasure of working with supposed to. But when the moment House and Senate of both parties are in Mr. Watford for over a decade in a variety of comes that we face a health crisis and such strong support of this reauthor- appellate matters involving large corporate our doctors prescribe us essential medi- ization.

VerDate Mar 15 2010 03:25 May 22, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MY6.013 S21MYPT1 jbell on DSK7SPTVN1PROD with SENATE S3314 CONGRESSIONAL RECORD — SENATE May 21, 2012 The American economy has always This time around, the balance appears to Circuit vacancy a ‘‘judicial emer- been driven by innovation, and some of be tilting slightly toward faster approval. gency.’’ So today we are, in fact, filling our most extraordinary innovations That’s good. one of the seats which is a judicial have come in the biomedical sector. In I agree. Safety is paramount, but emergency. The candidate is Paul the years ahead, it is my faith, my with today’s technology and the FDA’s Watford, a Ninth Circuit nominee with hope, that we will see more and more century of experience, I think we can stellar credentials and support across narrowly targeted drugs created spe- move more quickly to put innovative the political spectrum. I am delighted cifically for certain kinds of patients treatments in the hands of patients that cloture was vitiated so the vote or very specific diseases. In the who desperately need them. The Pre- will be directly on his nomination, and lifecycle of innovation, this is different scription Drug User Fee Act originally it is anticipated that he will be con- than the last few decades when block- passed by Congress in 1992 and reau- firmed without controversy. buster medications were used and then thorized every 5 years since is what al- Mr. Watford earned his bachelor’s de- developed on a very wide scale across lows the FDA to collect user fees from gree from the University of California the country or world. But it is an pharmaceutical manufacturers and Berkeley in 1989 and his law degree equally impressive feat of innovation provide a stable, consistent funding from UCLA in 1994 where he was editor that lies in the years ahead, and one stream that has steadily decreased of the UCLA Law Review and grad- that is only possible because of amaz- drug review times by nearly 60 percent uated Order of the Coif. After finishing ing advances in technology, the map- since it was first enacted. It has pro- law school, Mr. Watford clerked for ping of the human genome, the disasso- vided access on a faster and more pre- Ninth Circuit Judge Alex Kozinski, an ciation across many labs and small dictable timeframe to over 1,500 new appointee of President Reagan’s. He startup businesses, of the machinery, medicines since it was first enacted then clerked for Justice Ruth Bader the mechanics, and the capabilities to and deserves to be reauthorized to help Ginsburg on the U.S. Supreme Court. innovate in the discovery and develop- expedite approval for breakthrough Following his two clerkships, he medications to treat rare and widely ment of pharmaceuticals. spent a year in private practice at the experienced diseases. prestigious firm of Munger, Tolles, and We have to continue to support and In closing, the FDA is the oldest Olson and then moved into public serv- encourage this kind of innovation in comprehensive consumer protection ice as an assistant U.S. attorney in Los order to stay competitive in the global agency in the Federal Government. Its Angeles in 1997. There he prosecuted a economy. At the moment, the FDA relevance has not decreased with age; broad array of crimes, including bank continues to keep pace with many of in fact, quite the opposite. As our re- robberies, firearms offenses, immigra- our global competitors in terms of searchers and scientists have made tion violations, alien smuggling, and their review time for new drug applica- major breakthroughs in care and tech- various types of fraud. tions, but we are at real risk of falling nologies for treatment, the FDA has He later served in the major fraud behind. continued to serve as the conduit be- section of the criminal division, focus- One recent example to which I paid tween innovators, physicians, and pa- ing on white collar crime. Among his close attention, the blood-thinning tients. many cases, he prosecuted the first drug Brilinta, was manufactured by a We face tremendous hurdles in treat- case of an online auction fraud on eBay company—was developed and discov- ing devastating diseases of all kinds. In in California. During his tenure as a ered by a company—in my home State addition to ancient puzzles such as can- Federal prosecutor, Mr. Watford ap- of Delaware, AstraZeneca. It was fi- cer that continue to allude us, there peared in court frequently, typically nally approved by the FDA in July are new challenges cropping up every several times per week. He tried seven 2011. But prior to that approval, 33 day. One example would be the need for cases to verdict, and he worked on nu- other countries, including the EU and new drugs to treat increasing cases of merous Ninth Circuit appeals, arguing Canada, had already approved the drug bacterial infections, greatly resistant four of them. months or years before. This delay in to conventional antibiotics, so-called In one such case, a cocaine dealer had review and approval in some certain superbugs. That is why I have joined already convinced the State court that cases can be bad for patients who rely with the Presiding Officer and Senator a drug seizure had violated his fourth on these medications and bad for the CORKER as a cosponsor of the GAIN amendment rights. Mr. Watford pre- competitiveness of the United States. Act, to spur development of these spe- vailed on appeal in forcing the dealer So I am glad this reauthorization cific types of drugs. This is one of to forfeit over $100,000 in drug traf- clears away some of the conflict in the many examples of the kinds of innova- ficking proceeds. underbrush and will reauthorize and tions that will solve the medical mys- In 2000, Watford rejoined Munger, strengthen and streamline the review teries of the 21st century, ease the suf- Tolles, and Olson where he is currently timeline for new pharmaceuticals. fering of millions of Americans, secure a partner. This is one of the premiere Not only will this provide the kind of high-wage and high-skilled jobs in the appellate law firms in California. Paul predictability and certainty any busi- biomedical research field, and ensure Watford specializes in appellate litiga- ness needs to succeed, but it helps our competitiveness globally. tion at the firm. Like most major law make sure the FDA’s essential regu- So let’s continue working in the bi- firms, Munger’s docket is dominated by latory process keeps pace with sci- partisan spirit that has carried this re- business litigation. Thus the focus of entific innovation. In my home State authorization thus far and proceed to Mr. Watford’s work has been appellate of Delaware, there are more than 20,000 pass it without delay. litigation for business clients. For ex- I yield the floor. ample, he represented Verizon Commu- jobs that directly rely on biomedical The PRESIDING OFFICER. The Sen- research and innovation. But around nications in a consumer class action ator from California. case. He represented the technology the country there are more than 4 mil- Mrs. FEINSTEIN. Mr. President, at company, Rambus, in two complex pat- lion indirectly and more than 675,000 5:30 we will be voting on the nomina- ent infringement cases. He also rep- jobs that directly benefit from this tion of Paul Watford for the Ninth Cir- resented Shell Oil in an antitrust case. area. cuit Court of Appeals. I would like to Mr. Watford and his colleagues at Frankly, it is also one of our strong- say a few words about him at this time. Munger won a 9-to-0 reversal on behalf est export areas of growth for the long But before I do, I think Members might of Shell Oil in the Supreme Court. He term. So we need this reauthorization want to consider the fact that the has also represented numerous other now. In my view, moving forward with Ninth Circuit is by far the busiest U.S. American businesses, such as Coca- this legislation also means finding the circuit in the Nation. It has over 1,400 Cola and Berkshire Hathaway, as well fine balance between speed and safety, appeals pending per three-judge panel. as business executives and municipal between getting treatments to patients That is the most of any circuit. It is government agencies. without delay, and being certain these over two times the average of other In total he has argued 21 cases in the new drugs will be effective and safe. circuits combined. appellate courts, and he has appeared In a recent editorial, the Washington The Judicial Conference of the as counsel in over 20 cases in the U.S. Post noted: United States has declared each Ninth Supreme Court. So he is well equipped.

VerDate Mar 15 2010 03:25 May 22, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MY6.038 S21MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 21, 2012 CONGRESSIONAL RECORD — SENATE S3315 His extensive experience as a pros- Ninth Circuit, by far the busiest circuit lous or indicate an unacceptable level ecutor and private practitioner, includ- in the Nation, urgently needs him to of professional competence. However, ing his specialty in appellate work, begin his service. in this case, Mr. Watford has not sim- will serve the Ninth Circuit extremely As I said the Ninth Circuit is a judi- ply argued on behalf of a client, he well. Mr. Watford is also regarded by cial emergency. This will fill one va- adopted those legal theories as his very attorneys on both sides of the aisle, in- cancy. So I urge my colleagues to vote own. On July 14, 2010, Mr. Watford gave cluding conservative Republicans who at 5:30, in 15 minutes, for Mr. Watford’s a speech analyzing the constitu- praise him for his keen intellect and nomination. tionality of the Arizona law. His speech fair-minded approach to the law. He I yield the floor. concentrated on ‘‘why S. 1070 is uncon- has been endorsed by two former presi- The PRESIDING OFFICER. The Sen- stitutional,’’ and he recapped many of dents of the Los Angeles chapter of the ator from Iowa. the arguments he made in the Friendly Federalist Society. Mr. GRASSLEY. Mr. President, House case. One, Jeremy Rosen, says Watford is, today we are going to turn to a nomi- Moreover, despite the fact that he ‘‘open-minded and fair,’’ and a ‘‘bril- nation that the Senator from Cali- discussed his views on immigration liant person and a gifted appellate law- fornia has just referred to, Paul publicly, he nonetheless declined to an- yer.’’ The other, Henry Weissman, says Watford, to be circuit judge for the swer many of my questions during his that although he ‘‘do[es] not agree Ninth Circuit. I am disappointed that hearing before the Judiciary Com- with President Obama on issues, [he] the majority leader has brought this mittee. For instance, I asked about an completely agree[s] with his nomina- nomination to the floor. argument in his brief that the Arizona tion of Paul Watford.’’ So that is a The reason I say that is there are at statute prohibiting illegal aliens from good thing. least 10 nominations on the Executive soliciting work somehow violated the Daniel Collins, who clerked for Jus- Calendar that might fall into the cat- first amendment. The nominee re- tice Scalia and served as an Associate egory of consensus nominees. Six nomi- sponded that it would be inappropriate Deputy Attorney General in the Bush nees on the calendar had significant for him to comment on questions re- Justice Department, says Watford opposition in committee and clearly lated to whether illegal immigrants ‘‘embodies the definition of judicial are not consensus nominees. Mr. were entitled to constitutional protec- temperament—very level-headed and Watford falls into this category of not tions other than those contained in the even keeled.’’ being a consensus nominee. fifth, sixth and fourteenth amend- Thirty-two Supreme Court clerks I will oppose Mr. Watford’s nomina- ments. Again, remember, he had al- from the term when Watford clerked tion and ask my colleagues to oppose ready given a speech on this topic, so I for Justice Ginsburg have written in the nomination as well. My opposition was disappointed that he would not support of the nomination. These in- to this nomination is based upon sub- share his views on these important top- clude clerks from every Justice on the stantive concerns that I have regarding ics. Court at that time, including all of Mr. Watford’s views on both immigra- With regard to the death penalty, Mr. Justice Scalia’s clerks from that year, tion and the death penalty. Watford assisted in submitting an ami- as well as several from Justices Mr. Watford partnered with the cus brief to the Supreme Court in Baze Rehnquist, Thomas, and Kennedy. I American Civil Liberties Union and the v. Rees on behalf of a number of groups find that quite amazing. National Immigration Law Center in that opposed Kentucky’s three-drug le- A group of over 40 former clerks for two cases to oppose Arizona’s 2010 im- thal injection protocol. Judge Kozinski have also written in migration bill. In the first case, In its plurality opinion, the Court re- support of Watford’s nomination. This Friendly House, a class action lawsuit, jected the arguments raised in the group includes numerous individuals Mr. Watford served as cocounsel for brief. Ultimately, Kentucky’s three- with unquestionable conservative cre- most of the plaintiffs, including the drug protocol was upheld on a 7-to-2 vote in the Supreme Court. dentials. Many clerked for Justices class action representative Friendly At the hearing we had for Mr. Rehnquist, Scalia, Alito, and Kennedy. House. Watford, in following up questions, Mr. The Friendly House complaint at- Several, such as Steve Engel, Charles Watford gave the standard response tacks the Arizona law on a variety of Duggan, and Ted Ullyot also served in that he would follow Supreme Court grounds. He argued the law violates the the Bush administration, including in precedent regarding the death penalty. Supremacy clause; that it violates the the White House Counsel’s Office and Yet it is very curious to me that he Equal Protection clause by promoting the leadership of the Justice Depart- would go out of his way to provide his racial profiling; that it violates the ment. services to a case that would under- first amendment by chilling the speech Watford also has strong support in mine the death penalty. the business community. The general of non-English speakers; that it vio- Furthermore, his concession that he counsels of leading American corpora- lates the fourth amendment; and that would give consideration to foreign or tions, including Google, Mattel, it violates due process by inviting ra- international law in interpreting the Verizon, and CIRCOR, have also writ- cial profiling and employing vague meaning of the Cruel and Unusual Pun- ten in support of Mr. Watford. They definitions of ‘‘public offense’’ and ishment clause makes me wonder how say Watford ‘‘is exactly the kind of in- other statutory terms. he would approach this issue. dividual that any plaintiff or defend- In the second case, United States v. I have other concerns based on posi- ant—person, business, or government— Arizona, Mr. Watford served as co- tions this nominee has taken in his would welcome deciding their case.’’ counsel on an amicus brief filed by the legal advocacy, as well as some of his In short, Paul Watford is truly both Friendly House plaintiffs. This brief presentations. an excellent and distinguished choice covers most of the arguments raised in I am generally willing to give the for the Ninth Circuit. He is extremely the Friendly House complaint. But in President’s nominees the benefit of the bright. He is experienced at the trial addition, it asserts that Arizona ‘‘fails doubt when the nominee on the surface and appellate level and in both civil to account for the complexities and re- meets the requirements I have pre- and criminal cases. He is uniquely re- alities of Federal immigration law’’ be- viously outlined. But I don’t think this spected for his intellect and judgment, cause individuals lacking immigration nominee meets these requirements. and he has broad support across the po- registration documents are put at risk Finally, Republicans continue to be litical spectrum and in the business of ‘‘constant and repeated criminal accused of obstruction and delay when community. prosecution.’’ it comes to judicial nominations. This Maybe this is the reason cloture was I do not believe an attorney should comes even as we have now confirmed vitiated. He is not filibusterable. I hope be held accountable for the legal posi- 145 of this President’s district and cir- people see the fine and keen intellect tions he advocates on behalf of a client. cuit court nominees. That, of course, is this man is, and he should have a very Of course, there are some exceptions to during a period when we also confirmed large vote. If confirmed, he would be that general rule; for instance, if the two Justices to the Supreme Court. one of just two African-American ac- legal positions are far outside the The last President who had two Su- tive judges on the Ninth Circuit. The mainstream of legal theory, are frivo- preme Court nominees had only 120

VerDate Mar 15 2010 03:25 May 22, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MY6.039 S21MYPT1 jbell on DSK7SPTVN1PROD with SENATE S3316 CONGRESSIONAL RECORD — SENATE May 21, 2012 confirmations. So this argument of ob- School of Law for three semesters The PRESIDING OFFICER (Mrs. struction, of delay, and of unfairness (2007, 2008, and 2009). HAGAN). Are there any other Senators doesn’t hold up. The ABA Standing Committee on the in the Chamber desiring to vote? I remind my colleagues on the other Federal Judiciary unanimously rated The result was announced—yeas 61, side of the aisle of the obstructionism, him as Well Qualified for this position. nays 34, as follows: delay, and filibusters, which they per- I yield the floor and suggest the ab- [Rollcall Vote No. 104 Ex.] fected. The history of President Bush’s sence of a quorum. YEAS—61 nominees to the ninth circuit provides The PRESIDING OFFICER. The Akaka Graham Murray some very important examples. clerk will call the roll. Alexander Hagan Nelson (NE) President Bush nominated nine indi- The bill clerk proceeded to call the Baucus Harkin Nelson (FL) viduals to the ninth circuit. Three of roll. Begich Inouye Pryor those nominations were filibustered. Mr. REID. Mr. President, I ask unan- Bennet Johnson (SD) Reed Bingaman Kerry Reid Two of those filibusters were success- imous consent that the order for the Blumenthal Klobuchar quorum call be rescinded. Rockefeller ful. The nominations of Carolyn Kuhl Boxer Kohl Sanders Brown (MA) Kyl and William Gerry Myers languished The PRESIDING OFFICER. Without Schumer Brown (OH) Landrieu objection, it is so ordered. Shaheen for years before being returned to the Cantwell Lautenberg President. A fourth nominee, Randy UNANIMOUS CONSENT AGREEMENT—S. 3187 Cardin Leahy Snowe Mr. REID. Mr. President, I ask unan- Carper Levin Stabenow Smith, waited over 14 months before fi- Tester nally being confirmed after his nomi- imous consent that the cloture vote on Casey Lieberman Collins Lugar Udall (CO) nation was blocked and returned to the the motion to proceed to Calendar No. Conrad Manchin Udall (NM) President. After being renominated, he 400, S. 3187, the Food and Drug Admin- Coons McCain Warner was finally confirmed by a unanimous istration Safety and Innovation Act, be Durbin Menendez Webb vitiated; that at 2:15 tomorrow, Tues- Feinstein Merkley Whitehouse vote. Franken Mikulski Wyden President Obama, on the other hand, day, May 22, the motion to proceed be Gillibrand Murkowski has nominated six individuals to the agreed to; that the Harkin-Enzi sub- NAYS—34 ninth circuit. Only one of those nomi- stitute amendment, which is at the nees was subject to a cloture vote. desk, be agreed to, and the bill, as Ayotte Enzi Paul Barrasso Grassley Portman After that vote failed, the nominee amended by the Harkin-Enzi sub- Blunt Hatch Risch withdrew. If confirmed, Mr. Watford stitute, be considered original text for Boozman Hoeven Roberts will be the fourth nominee of President the purposes of further amendment, Burr Hutchison Rubio Chambliss Inhofe Sessions Obama nominated to serve on the and that the majority leader be recog- Coats Isakson nized at that time. Shelby ninth circuit. Those four confirmations Coburn Johanns Thune Cochran Johnson (WI) took an average of about 8 months The PRESIDING OFFICER. Is there Toomey Corker Lee objection? Wicker from the date of nomination. Cornyn McConnell For all of President Obama’s circuit Without objection, it is so ordered. Crapo Moran nominees, the average time for nomi- Mr. REID. Mr. President, based on nation to confirmation is about 242 this, we will have a vote that should NOT VOTING—5 days. For President Bush’s circuit start in 5 minutes, which will be the DeMint Kirk Vitter Heller McCaskill nominees, the average wait for con- only vote of the day. firmation was 350 days. Given this his- I suggest the absence of a quorum. The nomination was confirmed. tory that I have spelled out, one might The PRESIDING OFFICER. The The PRESIDING OFFICER. Under wonder then why President Bush and clerk will call the roll. the previous order, the motions to re- his nominees were treated differently The bill clerk proceeded to call the consider are considered made and laid and so much more unfairly than Presi- role. upon the table, and the President will Mr. REID. Mr. President, I ask unan- dent Obama’s nominees. be immediately notified of the Senate’s Mr. Watford received his B.A. from imous consent that the order for the action. University of California, Berkeley in quorum call be rescinded. The PRESIDING OFFICER. Without f 1989 and his J.D. from the University of objection, it is so ordered. LEGISLATIVE SESSION California, Los Angeles (UCLA) School Mr. REID. Mr. President, I yield back of Law in 1994. Upon graduation, he The PRESIDING OFFICER. The Sen- all time and ask unanimous consent clerked for Judge Alex Kozinski on the ate will resume legislative session. that the vote start now. The majority leader is recognized. Ninth Circuit and then for Justice The PRESIDING OFFICER. Without Ginsburg on the Supreme Court. In objection, it is so ordered. f 1996, he began working as an associate Mr. REID. Mr. President, I ask for in the Litigation Department at the IRAN THREAT REDUCTION ACT OF the yeas and nays. 2011 Los Angeles law firm of Munger, Tolles The PRESIDING OFFICER. Is there a & Olsen. From 1997–2000, Mr. Watford sufficient second? Mr. REID. Madam President, I ask was an Assistant United States Attor- There is a sufficient second. unanimous consent that the Foreign ney in the U.S. Attorney’s Office for The question is, will the Senate ad- Relations Committee be discharged the Central District of California, in vise and consent to the nomination of from further consideration of H.R. 1905, Los Angeles, handling a variety of Paul J. Watford, of California, to be the Iran Threat Reduction Act, and criminal prosecutions, such as immi- United States Circuit Judge for the that the Senate proceed to its consider- gration, narcotics, firearms traf- Ninth Circuit. ation; that the Johnson of South Da- ficking, bank robbery, computer fraud, The clerk will call the roll. kota-Shelby substitute amendment, mail and wire fraud, and securities The bill clerk called the roll. which is at the desk and is the text of fraud. Mr. DURBIN. I announce that the Calendar No. 320, S. 2101, the Iran Sanc- In 2000, Mr. Watford returned to pri- Senator from Missouri (Mrs. MCCAS- tions, Accountability, and Human vate practice as an associate in the ap- KILL) is necessarily absent. Rights Act, as reported by the Banking pellate practice group at Sidley & Aus- Mr. KYL. The following Senators are Committee, be considered; that a John- tin’s Los Angeles office. In 2001, he re- necessarily absent: the Senator from son of South Dakota-Shelby amend- joined Munger, Tolles & Olsen as an as- South Carolina (Mr. DEMINT), the Sen- ment, which is at the desk, be agreed sociate, becoming a partner there in ator from Nevada (Mr. HELLER), the to; that the substitute amendment, as 2003. His practice focuses primarily on Senator from Illinois (Mr. KIRK), and amended, be agreed to; that the bill, as appellate litigation, specifically busi- the Senator from Louisiana (Mr. VIT- amended, be read a third time and the ness and commercial disputes. Mr. TER). Senate proceed to a vote on passage of Watford has also taught a course on Further, if present and voting, the the bill, as amended. Judicial Opinion Writing at the Univer- Senator from South Carolina (Mr. The PRESIDING OFFICER. Is there sity of Southern California’s Gould DEMINT) would have voted ‘‘nay.’’ objection to the consent request?

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