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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.
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