May 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 6 7497 Charitable Trusts; Pfizer, Inc.; PhRMA; costs, and possible unintended con- out of committee. We had not been able Pittsburgh Life Science Greenhouse. sequences, members agreed to a list of to get an agreement to debate or vote Pittsburgh Technology Council; Pittsburgh policy concepts. If it was not a con- on this nomination since it was ap- Venture Capital Association; Plymouth/ Terryville Chamber of Commerce; Premier sensus on a particular policy, then it proved. So for the 27th time, the major- healthcare alliance; Prevent Blindness was not included. The chairman men- ity leader was forced to file cloture to America; Prevent Blindness Mid-Atlantic; tioned the importance of consensus, get an up-or-down vote on one of Presi- Prevent Blindness Ohio; ProteoTech Inc; and that is what we worked on. dent Obama’s judicial nominations. Psychiatric Society of Virginia; Respiratory As this process progressed, my staff Thankfully enough, Senate Repub- Health Association of Metro Chicago; Rib-X met with the Republican staff on the licans came forward to say they are Pharmaceuticals; Rio Grande Valley Diabe- HELP Committee for at least 2 hours not going to delay a vote or to con- tes Association; Rocky Mountain Stroke every week to keep them informed of tinue a filibuster. We ought to just Center; Rush To Live Organization; Rx Part- have an up-or-down vote, which we al- nership; San Antonio AIDS Foundation; everything that was happening. I per- Sanofi; Seattle BioMed; Sequella, Inc.; Sheet sonally met with the members of the ways used to do. Hopefully, we will not Metal Workers Local 40. committee before the markup to make vote to promote a filibuster, but vote Society for Adolescent Health and Medi- sure I understood their priorities. No up or down, and I thank those Repub- cine; Society for Pediatric Research; Som- one office got the entirety of what they licans who came forward and said erset County Business Partnership; South wanted. However, we did find the 80 enough of the cloture votes, let’s vote. Jersey Geriatric Care, P.C.; South Jersey percent of each solution we could all This nominee, Paul Watford, is high- Senior Marketing Group; South Shore Cham- agree could help solve whatever policy ly qualified. In fact, he has the highest ber of Commerce; Southwest Michigan Phar- qualifications for the Ninth Circuit. He macists Association; Spanish American Mer- the group was working on. chants Association (SAMA); Stanford Hos- What we see before us now is the out- shouldn’t be filibustered. He should not pital & Clinics; Supercritical Fluid Tech- come of the hard work of these groups. require a cloture vote. He is a nominee nologies; Susan G. Komen, Denver Metro Af- The bill passed the committee by a with impeccable credentials and quali- filiate; Susan G. Komen for the Cure Advo- voice vote. The bill reflects the work of fications. He served as a Federal pros- cacy Alliance; Takeda Pharmaceuticals every member of the Health, Edu- ecutor and is now a highly regarded ap- U.S.A., Inc.; Targepeutics; Tech Council of cation, Labor, and Pensions Com- pellate litigator in private practice. He Maryland; TECHQuest Pennsylvania; Teva mittee. All of them have at least one served as a law clerk at the United Pharmaceuticals; Texas BioAlliance; Texas States Supreme Court and at the Health Care & Bioscience Institute. provision included in this legislation, The Arc of Connecticut; The Association and many members of the committee United States Court of Appeals for the for Corporate Health Risk Management; The worked with us to find consensus meas- Ninth Circuit. The ABA Standing Com- Center for Health Care Services; Trinity ures that addressed their priorities as mittee on the Federal Judiciary gave Health—Novi, Michigan; Trust for America’s well. Paul Watford the highest possible rat- Health; Union of Concerned Scientists; This legislation is a model for how ing they could give and they gave it to United Mitochondrial Disease Foundation; the process can and should work no him unanimously. He also has the University City Science Center; University strong support of his home State Sen- of Utah Health Care; University of Wash- matter what the political environment. ington; Virginia Biotechnology Association; This went to committee, it was worked ators, Senator FEINSTEIN and Senator Virginia Chamber of Commerce; VisionServe in committee, it is now at the Senate BOXER. He has widespread support Alliance; Visiting Angels; Washington Bio- floor, and I hope my colleagues will across the spectrum, including known technology & Biomedical Association. join me in supporting this truly bipar- conservatives such as two former Washington Global Health Alliance; Wash- tisan provision that reduces the debt Presidents of the Los Angeles chapter ington State Department of Commerce; and ensures that the United States will of the Federalist Society, as well as Washington State University; Waterbury Re- maintain its leadership in the innova- Judge Alex Kozinski, a conservative gional Chamber of Commerce; We Work For Reagan appointee who is now Chief Health; We Work for Health New Jersey; tion of safe and effective biomedical WellDoc, Inc.; Western Economic Council; product. Judge of the Ninth Circuit. By any tra- Western Michigan University; Westside I yield the floor. ditional measure, Paul Watford is the Health; Wolcott Chamber of Commerce; f kind of judicial nominee who should be Worcester Chamber of Commerce; Wright confirmed easily by an overwhelming Runstad & Company. EXECUTIVE SESSION vote—a vote of both Republicans and I yield the floor. Democrats. The PRESIDING OFFICER. The Sen- I had hoped after the agreement be- NOMINATION OF PAUL J. ator from Wyoming. tween the Democratic and Republican Mr. ENZI. Mr. President, I thank the WATFORD, OF CALIFORNIA, TO Senate leadership to begin finally con- chairman for his remarks and wish to BE UNITED STATES CIRCUIT sidering the backlog of judicial nomi- be associated with them. It has been a JUDGE FOR THE NINTH CIRCUIT nations from last year that the Senate very bipartisan process that has re- The PRESIDING OFFICER. Under was at last returning to regular order. sulted in this bill coming to the floor, the previous order, the Senate will pro- The refusal of Senate Republicans to and I am hoping there will only be rel- ceed to executive session to consider consent to a debate and vote on this evant amendments and that there will the following nomination which the nomination for more than 31⁄2 months, be few of those. Every amendment has clerk will report. however, again required the Majority the potential for disrupting the entire The legislative clerk read the nomi- Leader to file cloture to end another bill. This has been a very inclusive nation of Paul J. Watford, of Cali- Republican filibuster. process that has led to this legislation. fornia, to be United States Circuit Senate Republicans continue to Over a year ago staff began to meet Judge for the Ninth Circuit. apply what they have admitted is a with stakeholders on the policy issues The PRESIDING OFFICER. Under ‘‘new standard’’ to President Obama’s that are addressed in S. 3187. Starting the previous order, there will be 1 hour judicial nominees. From the beginning in the spring of 2011, staff from Repub- of debate equally divided and con- of the Obama administration, Senate lican and Democratic offices on the trolled in the usual form. Republicans abandoned the standards Health, Education, Labor and Pensions The Senator from Vermont. and arguments they used to say should Committee began a series of standing Mr. LEAHY. I am glad we are finally apply to judicial nominations. During meetings. The groups proceeded to able to debate and vote on the nomina- the administration of the last Presi- meet every week for several months. tion of Paul Watford of California to dent, a Republican, they insisted that They met with stakeholders and dis- fill a judicial emergency vacancy on filibusters of judicial nominees were cussed policy solutions that each mem- the Ninth Circuit. As the distinguished unconstitutional. They threatened the ber thought would solve the problem. Presiding Officer knows, it was 31⁄2 ‘‘nuclear option’’ in 2005 to guarantee After much discussion of the benefits, months ago that we voted Mr. Watford up-or-down votes for each of President

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Many Re- appointee of President Ronald Reagan. the other Justices concluded: ‘‘We are publican Senators declared that they Over his 17-year legal career, Paul unanimous in our view that Paul pos- would never support the filibuster of a Watford has worked on briefs in nearly sesses all the qualities of the most judicial nomination. 20 cases before the United States Su- highly regarded jurists: powerful ana- Senate Republicans reversed course preme Court, and has argued numerous lytical abilities, a readiness to listen and filibustered President Obama’s cases before the Ninth Circuit Court of to and consider fairly all points of very first judicial nomination, that of Appeals as well as the California appel- view, a calm temperament, and a pro- Judge David Hamilton of Indiana. They late courts. As a Federal prosecutor in digious work ethic.’’ tried to prevent an up-or-down vote on the 1990s, Mr. Watford handled prosecu- A number of corporate general coun- that nomination even though he was tions involving immigration and drug sels from leading U.S. corporations nominated by President Obama after offenses, firearms trafficking, and have written us urging confirmation: consultation with the most senior and major frauds. Mr. Watford has represented a broad spec- longest-serving Republican in the Sen- So he should be on the Ninth Circuit, trum of clients, both in private industry as ate, Senator DICK LUGAR of Indiana, and I am delighted, as I make a pre- well as in the public sector. In doing so, he who strongly supported the nomina- liminary nose count, that he will be has demonstrated an understanding of the legal and economic challenges faced in both tion. Fortunately, the Senate rejected confirmed as a judge of the Ninth Cir- spheres, and an appreciation for the impor- that unjustified filibuster and Judge cuit. When confirmed, he will be only tance of fair, consistent application of the Hamilton was confirmed with Senator the second African-American judge rules of law that govern business. LUGAR’s support. serving on the Ninth Circuit, joining The assistant general counsel of Senate Republicans previously en- Judge Johnnie Rawlinson of Nevada on Mattel joins in this support, writing: gaged in misguided filibusters last year the bench. And I will not be surprised ‘‘[I can] personally attest to his reputa- of Goodwin Liu’s nomination to the when he is confirmed, because of his tion for being remarkably intelligent, Ninth Circuit and Caitlin Halligan’s work as a tough but very fair pros- insightful and evenhanded. He is highly nomination to the D.C. Circuit. Each of ecutor. It is no surprise that he had regarded within his firm, amongst his those nominees is the kind of brilliant support from conservatives as well as clients, and within the wider legal lawyer we should encourage to join the liberals. The shock I had was that for a community for his exceptional skills as Federal bench. There were certainly no while, his nomination was being held an appellate practitioner.’’ ‘‘extraordinary circumstances’’ for fili- up and we couldn’t get a vote. Daniel Collins, an Associate Deputy bustering their nominations. Senate Two former presidents of the Los An- Attorney General during the adminis- Republicans filibustered them anyway, geles Chapter of the Federalist Society tration of President George W. Bush, setting a new and unfortunate standard wrote to the Judiciary Committee in described Paul Watford as ‘‘incredibly for the Senate. Those filibusters dem- support of Mr. Watford. Jeremy Rosen intelligent and has solid integrity and onstrated that any nominee can be fili- wrote: great judgment.’’ He concluded that bustered based on concocted controver- Everyone who knows Paul (whether they this judicial nominee would not ‘‘ap- sies and baseless claims. That was un- are conservative or liberal, or somewhere in proach the job with any kind of agenda fortunate and unwise. Senate Repub- between) recognizes that he possesses the other than to do what is right and con- licans have already succeeded in pre- qualities that are most needed in an appel- sistent with precedent as he under- venting confirmation votes on five of late judge. While I find myself in somewhat frequent disagreement with the President on stands it.’’ President Obama’s judicial nominees I ask unanimous consent that copies who were blocked from a Senate vote many issues (and an active supporter of one of his opponents), his nomination of Paul to of letters of support be printed in the after being voted out of the Senate Ju- the Ninth Circuit is a home-run and should RECORD at the conclusion of my state- diciary Committee. receive bi-partisan support. ment. Paul Watford is the kind of person we Henry Weissman, another former The PRESIDING OFFICER. Without want in our Federal judiciary. This is Federal Society chapter President, objection, it is so ordered. the kind of person when we talk about wrote that he has ‘‘never seen any hint (See exhibit 1.) the Federal courts, we can say here is Mr. LEAHY. Paul Watford is far from of politics in Mr. Watford’s lawyering’’, a judge we can look up to and who can an ideological, partisan selection. He and that he has ‘‘every confidence that, inspire others who seek to be judges. shouldn’t engender any serious objec- as a judge, Mr. Watford would apply He is not a nominee against whom a tion; he is too good for that. He is the the law faithfully, objectively, and partisan filibuster would be justifiable, kind of nominee who, as my years here even-handedly.’’ and I thank some of those Republican in the Senate demonstrate, normally Conservative law professor Eugene Senators who called me this weekend receives unanimous support. It would Volokh of UCLA Law and creator of who said they would oppose a Repub- usually not even require a roll call the conservative Volokh Conspiracy lican filibuster. I thank them for that, vote, because he has the qualifications, blog, expressed his strong support for because what they are doing is what is the judgment, and the ability. Maybe Mr. Watford to the Committee, writ- best for the Senate. By allowing a vote, some were concerned that he was too ing: they are doing the best for the Ninth well qualified or relatively young, and Circuit but, even more importantly, He has all the qualities that an appellate so some feared he might some day be judge ought to have: intellectual brilliance, they are doing what is best for the thoughtfulness, fairness, collegiality, an nominated to a still higher court so independence of our Federal judiciary. ability to deal civilly and productively with they wanted to avoid voting on his Because if one is going to vote to try to colleagues of all ideological stripes, and a nomination as they did when Elena block somebody as qualified as Paul deep capacity for hard work. . . . Paul is the Kagan was nominated to the D.C. Cir- Watford, one is basically saying they sort of moderate Democratic nominee that cuit by President Clinton, or when don’t care who the nominee is, they are moderates and conservatives, as well as lib- they delayed a vote as they did with going to block it, and that is not the erals, should solidly support. Judge Sonia Sotomayor when she was message we should send if we are going Conservative law professor Orin Kerr nominated to the Second Circuit by to have an independent Federal judici- of George Washington University Law, President Clinton. ary in this country. a former special counsel to Senator I strongly disagree with those who He has a mainstream record. He dem- CORNYN, called him ‘‘extremely bright, seek to nitpick this man’s legal career. onstrates legal excellence and experi- a moderate, and very much a lawyer’s Since his service as a Federal pros- ence at the top of his profession. He lawyer,’’ and concluded an online post ecutor, he has worked at a highly re- clerked at the United States Supreme saying, ‘‘I hope he will be confirmed.’’ spected Los Angeles law firm on a wide Court for Justice Ruth Bader Ginsburg In their letter of support, 32 of the variety of matters. He has always rep- and on the Ninth Circuit for now-Chief clerks who served with him at the Su- resented his clients ethically and to Judge Alex Kozinski, a conservative preme Court from the chamber of all the best of his legal ability.

VerDate Sep 11 2014 08:28 Apr 21, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0685 Sfmt 0634 E:\BR12\S21MY2.000 S21MY2 pmangrum on DSK3GDR082PROD with BOUND RECORD May 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 6 7499 The distinguished Presiding Officer, sulting in Bush v. Gore. Paul Watford’s ample probably was John Adams, who rep- who has been an attorney general of legal work at Munger, Tolles was pro- resented the British soldiers charged in the his State, knows that lawyers are sup- fessional, principled and not out of the Boston Massacre. He did that for a reason, because he wanted to show that the Revolu- posed to give their best counsel and mainstream. tion in which he was involved was not about their best effort to those whom they The other case on which critics have overturning the rule of law, it was about vin- are representing. That is what lawyers fastened as if to justify their opposi- dicating the rule of law. are supposed to do. In my case, I de- tion was his legal advocacy on behalf of Our Founders thought that they were not fended criminals in private practice. I clinical ethicists and critical care pro- being given their rights under the British then prosecuted criminals as a pros- viders challenging a specific lethal in- system to which they were entitled, and by ecutor. In both cases, I knew what my jection protocol. He did not challenge representing the British soldiers, he helped show that what they were about was defend- role in the legal system was. As I said, the death penalty as unconstitutional. ing the rule of law, not undermining it, and that is what lawyers are supposed to The legal challenge was to the manner that principle, that you don’t identify the do. Actually, that is what Republicans in which it was being administered. In lawyer with the particular views of the cli- used to argue to defend the Federalist fact, in direct and express answers to ent, or the views that the lawyer advances Society and corporate lawyers that questions from Senator GRASSLEY, the on behalf of the client, is critical to the fair were being nominated by a Republican nominee wrote that he does not have administration of justice. President. any personal conviction or religious be- That has always been our tradition. I As Chief Justice Roberts noted dur- liefs that would impact the way he hope it always will be our tradition, ing his confirmation hearing, lawyers would rule in a death penalty case and but I am concerned that some feel it represent clients. They do not stand in that he would have no difficulty ruling should change. This litmus test that their client’s shoes and they should not fairly and impartially in cases involv- would disqualify nominees because as a have their client’s legal positions used ing the death penalty. He also an- lawyer they represented a side in a against them. swered that he believes the death pen- case on which we disagree is dangerous Let’s abandon the crude and inac- alty an acceptable form of punishment and wrong. Almost every nominee who curate litmus tests being applied to and that he would have no difficulty has actually been a practicing attorney President Obama’s nominees. Let’s faithfully applying the Supreme who has had more than one client in stop the caricaturing. If not, no lawyer Court’s precedent in that regard. How their life is going to fail such a test. could ever be confirmed to the Federal this record can be seen as justifying op- They are going to be disqualified, be- bench. When we have a lawyer who has position is beyond me. cause if they are practicing law, if they actually been active in his or her prac- Our legal system is an adversary sys- are doing what they are supposed to do, tice, of course they are going to rep- tem that is predicated upon legal advo- if they are making sure that someone resent some people others disagree cacy from both sides. No nominee is adequately represented in court no with. Of course, they are going to rep- should be disqualified for representing matter how unpopular that case may resent some issues where others may, clients zealously. Go back in history. be, then of course they are going to as individual Senators, feel they would John Adams, one of the most revered take on some cases we might not like. rather be on the other side of the issue. Founders and later President of this The distinguished Presiding Officer was But how quickly would our legal sys- country, wrote that his representation the chief prosecuting officer of his tem break down if lawyers could only of the British soldiers in the controver- State. I was the chief prosecuting offi- represent one side of an issue, or when sial case regarding the Boston Mas- cer of my county. I prosecuted some a matter comes to court we can only sacre was ‘‘one of the most gallant, people whom I wanted to go to jail for hear from one side and not from the generous, manly and disinterested ac- as long as possible. But the last thing other? One of the most valued legal tions of my whole life, and one of the I wanted was for them not to have a systems in the world would disinte- best pieces of service I ever rendered good and adequate lawyer on the other grate. my country.’’ side. I wanted them to have the best of As an attorney in private practice Did he agree with the British in hold- counsel on the other side, because that Paul Watford has advocated positions ing the colonies subservient? Of course way, society is protected. That way, well within the mainstream of legal ar- not. Did he agree with the efforts of us our court system is protected. That gument. There were only two cases on in this country to be free people—free way, it meant that if any one of us which he worked as a lawyer among from alliance with Great Britain? Of came in and were innocent and were the hundreds and possibly thousands in course he did. That is what he did when being charged, we would know there which he has been involved, that were he helped and when he served as one of was an example of always having rep- criticized by Committee Republicans. the Founders of this country and when resentation. In one, the well-known law firm with he became President. But he also knew Republican obstruction of this nomi- which he is affiliated represented our whole system broke down if some- nation is particularly damaging given groups challenging the controversial body within a court did not have ade- the dire need for judges on the Ninth Arizona immigration law, and won a quate representation on both sides, and Circuit. With three times the number preliminary injunction against certain that is why he represented British sol- of cases pending as the next busiest cir- provisions for violating the Constitu- diers in the case involving the Boston cuit and twice the caseload of the tion. In his role as an attorney he was Massacre—not because he was sup- judges on other circuits, the Ninth Cir- consulted by others working on the portive of what the British were doing cuit cannot afford further delay filling case to review and edit their prelimi- and not because he wanted anything its emergency vacancies. The 61 mil- nary injunction motion. That motion other than to have us as a free people, lion people served by the Ninth Circuit contains arguments based on Federal but because he wanted to make sure are not served by this delay. I have preemption, due process, and other that in a free country, in a free United been asked for months that the Senate constitutional rights that are well States of America, when someone goes expedite consideration of this nomina- within the mainstream of legal advo- before our courts, they are going to tion and that of Justice Hurwitz of Ari- cacy and that were raised, as well, by have representation on both sides, and zona to fill these judicial emergency the U.S. Department of Justice in its that is the way it should be. vacancies. filings. That a Senator might disagree At his confirmation hearing to be- The Chief Judge of the Ninth Circuit, with the position he assisted in devel- come the Chief Justice of the United Judge Alex Kozinski, a Reagan ap- oping on behalf of his firm’s clients in States, John Roberts made the point: pointee, along with the members of the this case is hardly a reason to oppose [I]t’s a tradition of the American Bar that Judicial Council of the Ninth Circuit, his nomination. I did not oppose Chief goes back before the founding of the country wrote to the Senate months ago em- Justice Roberts’ nomination because that lawyers are not identified with the posi- phasizing the Ninth Circuit’s ‘‘des- he helped and advised the challenge re- tions of their clients. The most famous ex- perate need for judges,’’ urging the

VerDate Sep 11 2014 08:28 Apr 21, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0685 Sfmt 0634 E:\BR12\S21MY2.000 S21MY2 pmangrum on DSK3GDR082PROD with BOUND RECORD 7500 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 6 May 21, 2012 Senate to ‘‘act on judicial nominees justice. We can show we intend to do rectly with Paul on cases that we were as- without delay,’’ and concluding ‘‘we that. We can start right here by voting signed to in common; and all of us got to fear that the public will suffer unless to confirm this good man, Paul know Paul as a colleague. Based on what we our vacancies are filled very prompt- Watford, who is a highly qualified saw then, and what we know of Paul’s career ly.’’ The judicial emergency vacancies nominee to the Ninth Circuit Court of in the years since, we believe that Paul is a on the Ninth Circuit are harming liti- Appeals, and say to the American peo- superb choice to be a Judge on the Ninth Cir- gants by creating unnecessary and ple, we believe in justice for everybody cuit. We encourage you to support his nomi- costly delays. The Administrative Of- here. nation and to bring it to a vote expedi- fice of U.S. Courts reports that it takes EXHIBIT 1 tiously. nearly five months longer for the Ninth BARTLIT BECK HERMAN PALENCHAR Paul came to the Supreme Court after Circuit to issue an opinion after an ap- & SCOTT LLP, clerking for Circuit Judge Alex Kozinski, a peal is filed, compared to all other cir- Chicago, IL, April 30, 2012. Reagan appointee, and after attending UCLA cuits. The Ninth Circuit’s backlog of Re Paul Watford. Law School. His path to a Supreme Court pending cases far exceeds other Federal Hon. HARRY REID, clerkship reflected his work ethic and his courts. As of September 2011, the Ninth Majority Leader, U.S. Senate, Hart Senate Of- legal acumen. At the Supreme Court, Paul Circuit had 14,041 cases pending before fice Building, Washington, DC. brought those qualities to bear in analyzing it, far more than any other circuit. Hon. PATRICK J. LEAHY, difficult legal problems and finding ways to When Senate Republicans filibus- Chairman, Committee on the Judiciary, U.S. explain them clearly and sensibly. In so Senate, Russell Senate Office Building, doing, Paul won respect from everyone he tered the nomination of Caitlin Washington, DC. worked with. Paul invariably got along well Halligan to the D.C. Circuit for posi- Hon. MITCH MCCONNELL, tions she took while representing the Minority Leader, U.S. Senate, Russell Senate with his peers, was always a superb listener, State of New York, they contended Office Building, Washington, DC. and treated everyone with kindness and re- that their underlying concern was that Hon. CHARLES GRASSLEY, spect. Those of us who clerked with Paul for the caseload of the D.C. Circuit did not Ranking Member, Committee on the Judiciary, Justice Ginsburg know that she praised his justify the appointment of another U.S. Senate, Hart Senate Office Building, work as exemplary and that she is a tough Washington, DC. judge of legal talent. judge to that Circuit. I disagreed with DEAR SENATORS: We write to provide our their treatment of Caitlin Halligan, enthusiastic support for Paul Watford’s nom- After leaving the Court, Paul has had a their shifting standards and their pur- ination to serve on the United States Court distinguished legal career in public service ported caseload argument. But if case- of Appeals for the Ninth Circuit. and private practice. At the United States loads were really a concern, Senate Re- We have known Paul personally and profes- Attorney’s Office in Los Angeles, Paul was a publicans would not have delayed ac- sionally for nearly twenty years, having met standout lawyer in the criminal division and tion on this nomination to a judicial him in 1994 when we served together as appeared regularly before the Ninth Circuit. clerks to Judge Kozinski on the Ninth Cir- For many years, Paul has been a partner at emergency vacancy on the overbur- cuit. One of us also spent a second year Munger, Tolles & Olson, where he helps lead dened Ninth Circuit for more than 3 working with Paul during the year he spent that firm’s appellate practice and has rep- months. as clerk to Justice Ginsburg at the United There is no justification for refusing States Supreme Court. resented a wide range of commercial clients to address the needs of the Ninth Cir- During the crucible those intense years, we in important and complex appellate matters. cuit. A few years ago the Senate was learned a lot about Paul’s approach to legal Paul has been a lawyer representative to the forced to invoke cloture to overcome issues, his attitudes about legal rules and Ninth Circuit Judicial Conference, and has Republican filibusters of President precedents, and perhaps most importantly achieved distinction in the profession. Given his demeanor when confronted with com- Clinton’s nominations of Richard Paez his experience as a law clerk, as a federal peting views of what the law is or should be. prosecutor, and as a lawyer in private prac- and Marsha Berzon to the Ninth Cir- Paul is intelligent, thoughtful, balanced and tice, Paul has an ideal background for the cuit. That obstruction is being re- fair. He is moderate, not extreme, in his position of a Circuit Judge. peated. views. As a serious student of the law, his in- We did not engage in tit for tat when stinct is to look for the answer dictated by The group below is composed of individuals the presidency changed. During the precedent, not his personal views. And even with very different political viewpoints and Bush administration, the Senate pro- in the face of heated debate, he maintains an represents clerks from the chambers of every ceeded to confirm seven of the nine even keel, demonstrating a temperament Justice on the Supreme Court during the that is well-suited to the act of judging. OT95 term. We are unanimous in our view Ninth Circuit nominees of President Others can and no doubt will speak to that Paul possesses all the qualities char- Bush. Four of President Bush’s Ninth Paul’s obvious qualifications, including his Circuit nominees were confirmed dur- demonstrable intelligence and distinguished acteristic of the most highly regarded ju- ing his first 4-year term: Judge Richard professional career. We can speak, from both rists: powerful analytical abilities, a readi- Clifton, Judge Jay Bybee, Judge sides of the political aisle (one registered ness to listen to and consider fairly all Consuelo Callahan, and Judge Carlos Democrat, one registered Republican), to the points of view, a calm temperament, and a Bea. personal qualities and temperament that prodigious work ethic. We respectfully re- By contrast, Senate Republicans make Paul not only qualified but uniquely quest that the Senate bring Paul’s nomina- well-suited to the position to which he has have been opposing our moving forward tion to a vote and confirm him to the Ninth been nominated. We could go on (and on) Circuit. to consider and confirm Paul Watford with our praise for Paul, but the simple fact and Andrew Hurwitz, who are both Sincerely, is that he will make an excellent judge. Julia Ambrose, David Barron, Stuart strongly supported by their home State We urge you to bring Paul’s nomination to Benjamin, Yochai Benkler, Steve Senators, to fill judicial emergency va- a vote, and to vote to confirm. Very truly yours, Chanenson, Nancy Combs, Jeff Dob- cancies. Senate Republicans have al- bins, Charlie Duggan, Ward ready successfully filibustered the SEAN W. GALLAGHER, MARK S. OUWELEEN. Farnsworth, Lisa Beattie Freling- nomination of Goodwin Liu, who also huysen, Shawn Fagan, Sean Gallagher, had the strong support of his home MAY 15, 2012. Heather Gerken, Craig Goldblatt, Mark State Senators. DEAR MAJORITY LEADER REID AND MINOR- Harris, Julie Katzman, Joseph I urge Senators to show that we can ITY LEADER MCCONNELL, We write in strong Kearney, Steve Kinnaird, Kelly Klaus, work together to reduce the vacancies support of Paul Watford’s nomination to be a Laurie Allen Mullig, Eileen Mullen, that are burdening the Federal judici- Judge on the United States Court of Appeals Kate Moore, Jennifer Newstead, ary. Do what some of my friends on the for the Ninth Circuit. All of us served as law Gretchen Rubin, Kevin Russell, Maria Republican side of the aisle have said clerks at the Supreme Court during the same Simon, Simon Steel, Ted Ullyot, Phil year that Paul clerked for Justice Ruth to me, which is to move forward to Weiser, Mike Wishnie, Michael Wong, Bader Ginsburg (the October 1995 Term of Ernie Young. vote for this nominee. They should also the Court). During that time, some of us help the millions of Americans who worked with Paul directly in Justice Gins- rely on our Federal courts who seek burg’s chambers; others of us worked di-

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Hon. HARRY REID, M. Kennedy (OT 1999); Jacqueline Gerson thony M. Kennedy (OT 1997); Mary Ann Todd, Majority Leader, U.S. Senate, 522 Hart Senate Cooper, Judge Alex Kozinski (1990–1991); Jus- Munger, Tolles & Olson LLP, Judge Alex Office Building, Washington, DC. tice Anthony M. Kennedy (OT 1991); Susan E. Kozinski (1993–1994); Eugene Volokh, Gary T. Hon. PATRICK J. LEAHY, Engel, Kirkland & Ellis LLP, Judge Alex Schwartz Professor of Law, UCLA School of Chairman, Committee on the Judiciary, U.S. Kozinski (2000–2001); Justice Antonin Scalia Law, Judge Alex Kozinski (1992–1993), Justice Senate, 433 Russell Senate Office Building, (OT 2001); Victor Fleischer, Professor of Law, Sandra Day O’Connor (OT 1993). Washington, DC. University of Colorado, Judge Alex Kozinski Hon. MITCH MCCONNELL, (1997–1998). THE GENERAL COUNSELS OF Minority Leader, U.S. Senate, 361A Russell Sen- Troy Foster, Wilson Sonsini Goodrich & FOUR LARGE BUSINESSES, ate Office Building, Washington, DC. Rosati, Judge Alex Kozinski (1999–2000); Sean February 1, 2012. Hon. CHARLES GRASSLEY, W. Gallagher, Judge Alex Kozinski (1994– Re Nomination of Paul J. Watford as Circuit Ranking Member, Committee on the Judiciary, 1995), Justice Sandra Day O’Connor (OT 1995); Judge of the U.S. Court of Appeals for U.S. Senate, 135 Hart Senate Office Build- Stephanie Grace, Latham & Watkins LLP, the Ninth Circuit. ing, Washington, DC. Judge Alex Kozinski (2010–2011); Robert K. DEAR MAJORITY LEADER REID, MINORITY Hur, Judge Alex Kozinski (2001–2002), Chief Hon. PATRICK J. LEAHY, LEADER MCCONNELL, CHAIRMAN LEAHY, AND Justice William H. Rehnquist (OT 2002); T. Chairman, U.S. Senate, Committee on the Judi- RANKING MEMBER GRASSLEY: We write in Haller Jackson IV, Tulane University School ciary, Washington, DC. support of the nomination of Paul J. Watford of Public Health & Tropical Medicine, Judge Hon. CHUCK GRASSLEY, to the United States Court of Appeals for the Alex Kozinski (2009–2010); Theane Evangelis Ranking Member, U.S. Senate, Committee on Ninth Circuit. Like Mr. Watford, we have all Kapur, Gibson, Dunn & Crutcher LLP, Judge the Judiciary, Washington, DC. clerked for the Honorable Alex Kozinski of Alex Kozinski (2003–2004), Justice Sandra DEAR CHAIRMAN LEAHY AND RANKING MEM- the U.S. Court of Appeals for the Ninth Cir- Day O’Connor (OT 2004); Scott Keller, Judge BER GRASSLEY: We write to express our sup- cuit, and we wish to echo the strong support Alex Kozinski (2007–2008), Justice Anthony port for the nomination of Paul J. Watford that Chief Judge Kozinski has given to Mr. M. Kennedy (OT 2009); John P. Franz, Judge to the U.S. Court of Appeals for the Ninth Watford. Alex Kozinski (1996–1997); Daniel L. Geyser, Circuit, and urge that the Committee All of us believe that Mr. Watford has the Gibson, Dunn & Crutcher LLP, Judge Alex promptly and favorably act to send his nomi- ability and character to be an excellent fed- Kozinski (2002–2003); Leslie Hakala, Judge nation to the floor for confirmation. We are eral appellate judge. Mr. Watford has a stel- Alex Kozinski (1997–1998), Justice Sandra General Counsels of a broad spectrum of lar reputation in the legal community. He is Day O’Connor (OT 1999); Eitan Hoenig, American businesses. Everything we know known not only for his intelligence, but also Wachtell, Lipton, Rosen & Katz, Judge Alex about Mr. Watford, both from the direct con- for his collegiality and even temperament. Kozinski (2010–2011); Robert E. Johnson, tact some of us have had to others who have For those of us who know Mr. Watford per- Judge Alex Kozinski (2009–2010); Kevin M. only seen his work, indicates that he would sonally, his graciousness, sincerity and bril- Kelly, Gendler & Kelly, Judge Alex Kozinski be a superb addition to the bench. liance are immediately apparent. (1989–1990), Justice Sandra Day O’Connor (OT Mr. Watford’s legal career confirms that he 1990); Michael S. Knoll, Theodore K. Warner For the last 11 years of private practice at has the experience, skills and demeanor well- Professor, Law School Professor of Real Es- one of the nation’s premier law firms, Mr. suited for the bench. He clerked for two dis- tate, Wharton School Co-Director, Center for Watford has represented a broad spectrum of tinguished jurists, then-Judge Kozinski on Tax Law, and Policy University of Pennsyl- clients, both in private industry as well as in the U.S. Court of Appeals for the Ninth Cir- vania; Judge Alex Kozinski (1986). the public sector. In doing so, he has dem- cuit and Justice Ruth Bader Ginsburg on the Tara Kole, Gang, Tyre, Ramer & Brown, onstrated an understanding of the legal and Supreme Court of the United States. He Judge Alex Kozinski, (2003–2004), Justice economic challenges faced in both spheres, served in the Department of Justice as an Antonin Scalia (OT 2004); Chi Steve Kwok, and an appreciation for the importance of Assistant United States Attorney in the Cen- Judge Alex Kozinski (2002–2003), Justice An- fair, consistent application of the rules of tral District of California. Mr. Watford is thony M. Kennedy (OT 2003); C.J. Mahoney, law that govern business. The jobs, goods currently a partner in the Los Angeles office Judge Alex Kozinski (2006–2007), Justice An- and services that constitute our economy re- of Munger, Tolles, & Olson LLP, a well-re- thony M. Kennedy (OT 2007); Chris Newman, quire exactly that objective and impartial spected law firm. He also has taught a course George Mason University School of Law, approach to deciding the important legal on judicial writing for prospective law clerks Judge Alex Kozinski (1999–2000); Christopher principles that come before a court such as at USC’s Gould School of Law. In his experi- R.J. Pace, Weil Gotshal & Manges LLP, the Ninth Circuit. We have every confidence ences in public service and private practice, Judge Alex Kozinski (1991–1992), Justice An- that Mr. Watford has the right experience, Mr. Watford has gained the respect and ad- thony M. Kennedy (OT 1992); Mark A. Perry, intellect and character for such an impor- miration of his peers. At every stage of his Gibson, Dunn & Crutcher LLP, Judge Alex tant role in the judiciary. career, he has demonstrated a strong work Kozinski (1991–1992), Justice Sandra Day It also is noteworthy that Mr. Watford’s ethic, a judicious temperament, unquestion- O’Connor (OT 1993); David A. Schwarz, Irell experiences prior to joining private practice able 1 integrity, a collaborative and respect- & Manella LLP, Judge Alex Kozinski, (1988– demonstrate the same even-handed perspec- ful manner, and a deeply thoughtful ap- 1989); Kathryn H. Ku, Munger, Tolles & Olson tive. He served as a law clerk on the Ninth proach to each and every issue that has LLP, Judge Alex Kozinski (2003–2004); Joshua Circuit and on the Supreme Court to jurists crossed his desk. Lipshultz, Gibson, Dunn & Crutcher LLP, who are known to come at issues from very As a close family of Kozinski clerks, we Judge Alex Kozinski (2005–2006), Justice different places and often end at very dif- share Chief Judge Kozinski’s strong faith in Antonin Scalia (OT 2006); Laura Nelson, ferent conclusions. Working closely with Mr. Watford’s abilities. We believe he has the Judge Alex Kozinski (1985–1986); Mark such diverse intellects is emblematic of Mr. necessary qualifications and characteristics Ouweleen, Bartlitt Beck Herman Palenchar Watford’s own capabilities and tempera- to make an exemplary federal appellate & Scott LLP, Judge Alex Kozinski (1994– ment, and his legal talents are reflective of judge. Based on his record and personality, 1995); Eugene Paige, Keker & Van Nest LLP, their skills as well. He is a superb writer, a we have no doubt that Mr. Watford would ap- Judge Alex Kozinski (1998–1999); Justice An- keen intellect, a strong oral advocate, and proach each case with an open mind and thony M. Kennedy (OT 2000); Kathryn Haun someone with a genuine appreciation for the make thoughtful judgments based on the Rodriguez, Judge Alex Kozinksi (2000–2001), real interests on all sides. He is exactly the law. Accordingly, we recommend him for Justice Anthony M. Kennedy (OT 2004); K. kind of individual that any plaintiff or de- this position without hesitation or reserva- John Shaffer, Stutman, Treister & Glatt PC, fendant—person, business or government— tion. Judge Alex Kozinski (1989–1990), Justice An- Sincerely, thony M. Kennedy (OT 1990). would welcome deciding their case, and Jerry L. Anderson, Drake University Law Steven M. Shepard, Judge Alex Kozinski would trust would do so fairly. School, Judge Alex Kozinski (1986–1987); Fred (2007–2008), Justice Anthony M. Kennedy (OT We urge the Committee to swiftly and fa- A. Bernstein, Judge Alex Kozinski (1996– 2008); Elina Tetelbaum, Wachtell, Lipton, vorably act on Mr. Watford’s nomination. 1997); James Burnham, Judge Alex Kozinski Rosen & Katz, Judge Alex Kozinski (2010– Respectfully, (2009–2010); Steven A. Engel, Dechert LLP, 2011); Alexander ‘‘Sasha’’ Volokh, Assistant Alan J. Glass, Vice President, General Judge Alex Kozinski (2000–2001); Justice An- Professor, Emory Law School, Judge Alex Counsel & Secretary, CIRCOR Inter- thony M. Kennedy (OT 2001); Kristin A. Kozinski (2004–2005); Justice Sandra Day national, Inc.; Randal S. Milch, Execu- Feeley, Judge Alex Kozinski (2009–2010); Stu- O’Connor and Justice Samuel Alito (OT tive Vice President and General Coun- art Banner, UCLA School of Law, Judge Alex 2005); Christopher J. Walker, Assistant Pro- sel, Verizon Communications Inc.; Bob Kozinski (1988–1989); Justice Sandra Day fessor of Law, The Ohio State University, Normile, Executive Vice President and O’Connor (OT 1991); William A. Burck, Quinn Judge Alex Kozinski (2006–2007), Justice An- Chief Legal Officer, Mattel, Inc.; Kent Emanuel Urquhart & Sullivan LLP, Judge thony M. Kennedy (OT 2008); Harry Susman, Walker, Senior Vice President and Alex Kozinski (1998–1999); Justice Anthony Judge Alex Kozinski (1996–1997); Justice An- General Counsel, Google, Inc.

VerDate Sep 11 2014 08:28 Apr 21, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0685 Sfmt 0634 E:\BR12\S21MY2.000 S21MY2 pmangrum on DSK3GDR082PROD with BOUND RECORD 7502 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 6 May 21, 2012 MATTEL, INC., versity of California at Los Angeles, EXHIBIT 1 El Segundo, CA, January 31, 2012. where he graduated with honors and Los Angeles, CA, May 18, 2012. Hon. PATRICK J. LEAHY, was an editor of the UCLA Law Re- Re Nomination of Paul J. Watford as Circuit Chairman, Senate Judiciary Committee, 224 view. Judge, United States Court of Appeals Dirksen Senate Office Building, Wash- for the Ninth Circuit. ington, DC. Following law school, he clerked for HON. HARRY REID, Hon. CHARLES E. GRASSLEY, Judge Alex Kozinski on the Ninth Cir- Majority Leader, U.S. Senate, 522 Hart Senate Ranking Member, Senate Judiciary Committee, cuit Court of Appeals, then clerked for Office Building, Washington, DC. 224 Dirksen Senate Office Building, Wash- Justice Ruth Bader Ginsburg on the HON. PATRICK J. LEAHY, ington, DC. Chairman, U.S. Senate, Committee on the Judi- DEAR CHAIRMAN LEAHY AND SENATOR United States Supreme Court. ciary, 473 Russell Senate Office Building, GRASSLEY: I write this letter in support of From 1997 through 2000, Mr. Watford Washington, DC. the nomination of Paul Watford to the served as a federal prosecutor in the United States Court of Appeals for the Ninth HON. MITCH MCCONNELL, Circuit. I have known Paul on a professional United States Attorney’s Office for the Republican Leader, U.S. Senate, 317 Russell basis for a number of years, and can person- Central District of California, where he Senate Office Building, Washington, DC. ally attest to his reputation for being re- handled a variety of criminal trial and HON. CHUCK GRASSLEY, markably intelligent, insightful and even- appellate matters for the office, includ- Ranking Member, U.S. Senate, Committee on handed. He is highly regarded within his ing major fraud investigations. the Judiciary, 135 Hart Senate Office Build- firm, amongst his clients, and within the ing, Washington, DC. wider legal community for his exceptional After his tenure as a prosecutor, Mr. DEAR SENATORS: I write to express my skills as an appellate practitioner. More im- Watford entered private practice—first strong support for the confirmation of Paul portantly, he is remarkably sincere and with Sidley & Austin, then with his J. Watford to be a Circuit Judge on the friendly, and working with him is always a current law firm, Munger Tolles, where United States Court of Appeals for the Ninth Circuit. Having known and worked with Paul pleasure. he is a partner specializing in appellate Paul enjoys an exemplary record as an at- for more than eight years at Munger, Tolles casework and complex commercial liti- & Olson LLP in Los Angeles, I am confident torney: UCLA Law Review Editor, clerk to gation. Judge Alex Kozinski of the Ninth Circuit, that he has the skills, judgment, tempera- clerk to Justice Ruth Bader Ginsburg of the In addition to his record as a lawyer, ment, and integrity to be an outstanding ap- U.S. Supreme Court, Assistant U.S. Attorney Mr. Watford has served in bar associa- pellate judge. in Los Angeles, and currently, a partner at Paul and I come from opposite ends of the tions and professional committees. He political spectrum. I have been a conserv- the esteemed firm of Munger, Tolles & Olson. has served as Co-Chair of the American Paul has had significant, substantive in- ative Republican for my entire adult life, I volvement in bar association activities; most Bar Association’s Appellate Practice am a member and supporter of the Federalist notably, he served as the Chair of the ABA Committee, and he is a member of the Society, and I served in the Justice Depart- Litigation Section’s Appellate Practice Com- Central District Court’s Magistrate Se- ment in Washington, D.C. during the Admin- mittee, and on the ABA’s Amicus Curiae lection Panel. istrations of both George H.W. Bush and George W. Bush. Despite our political dif- Committee. In addition, Paul shares his tal- The American Bar Association has ent and time with the broader community, ferences, I can unreservedly support Paul’s serving on the board of a non-profit legal given him their highest rating—unani- nomination because I believe that he under- services provider for low income clients and mously well qualified. stands and respects the crucial distinction between law and politics. I say that based on teaching upper-division legal writing at Mr. Watford has earned the respect of USC. Certainly, Paul’s resume is testament years of having observed how he approaches attorneys who know his work. For ex- legal precedent and how he analyzes complex to his stellar qualifications and his dedica- ample, Daniel Collins, who clerked for tion to the law. legal arguments. Paul has assisted Mattel with several ap- Justice Scalia and served as an attor- During our time together at Munger, pellate matters. His analysis, reasoning and ney in both Bush administrations, said Tolles, I have frequently consulted Paul on writing is of the highest caliber. His per- this about Mr. Watford: many difficult legal issues, and he has served formance as a ‘‘judge’’ on a moot court many times as a ‘‘moot court’’ judge helping panel, however, is what stands out most in He just embodies the definition of judicial me to prepare for oral arguments. Given my mind. His questions went right to the temperament—very level-headed and even- Paul’s brilliance and honesty, I know that I core issues, his follow-up questioning was keeled. . . . I don’t think he’ll approach the can always count on him to quickly spot the quick and insightful, and his discussion of job with any kind of agenda other than to do weak points in a legal argument and to give legal nuances and distinctions came easily what is right and consistent with precedent me a frank and professional assessment of and naturally. As always, his demeanor was as he understands it. the applicable case law. Few traits are more thoughtful, attentive and respectful. Paul important in a Circuit Judge than a willing- And Jeremy Rosen, a partner at ness to adhere faithfully to precedent, and I has all the hallmarks of an excellent jurist, Horvitz & Levy and former president of and I highly endorse his appointment to the have always been impressed by the thorough- Ninth Circuit. the Los Angeles Lawyers Chapter of ness, objectivity, and candor that Paul Sincerely, the Federalist Society, said Mr. brings to bear in his evaluation of the rel- evant body of law in any given area. JILL E. THOMAS. Watford is a nominee many conserv- atives could support: I strongly agree that judges must respect Mrs. BOXER. I rise today to support the proper limits of their office and should Paul Watford, a California nominee for I know he has the respect of anyone who not attempt to implement a personal or ideo- the Ninth Circuit Court of Appeals has come into contact with him. He is excep- logical agenda from the bench. I believe that whose nomination is before us today. tionally bright and well qualified. . . . Paul understands those limits. While he and Mr. Watford has been nominated for I may differ on certain jurisprudential a seat that is designated as a judicial I ask unanimous consent to have issues, I have always been impressed by the emergency, which means that it is crit- printed in the RECORD letters from even-handed and measured approach he Daniel Collins, Jeremy Rosen, Eugene brings to bear in analyzing legal problems. I ical we move swiftly to confirm him. feel confident that, on the bench, he would I was pleased when President Obama Volokh and Henry Weissmann imme- diately following my remarks. do his level best to fairly reach the correct nominated Mr. Watford to serve on the answer under the law as be sees it. U.S. Ninth Circuit Court of Appeals. He The PRESIDING OFFICER. Without To my mind, another indication of Paul’s has a wide breadth of experience, rang- objection, it is so ordered. fairmindedness, and of his ability to separate ing from public service to the private law and politics, is the wide range of the (See exhibit 1.) sector, and he will make an excellent matters on which he has worked. Paul has addition to the federal bench. Mrs. BOXER. In conclusion, Mr. gravitated to many of the most interesting Let me say a few words about his Watford is a talented lawyer who has legal matters in the firm, and that has earned the respect of his peers for his unsurprisingly led him to work on important background. matters involving controversial issues that Mr. Watford was born in Garden work in the public and private sectors. may generate strong reactions on one or the Grove, CA. He is a graduate of the Uni- He will be a great addition to the fed- other end of the political spectrum. I do not versity of California at Berkeley, and eral bench, and I urge my colleagues to think that Paul’s work on these or any other received his law degree from the Uni- join me in voting for him today. cases can be viewed as suggesting that he

VerDate Sep 11 2014 08:28 Apr 21, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0685 Sfmt 0634 E:\BR12\S21MY2.000 S21MY2 pmangrum on DSK3GDR082PROD with BOUND RECORD May 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 6 7503 has an ideological agenda that would distort the public admirably as an assistant United Law is not mathematics. Some legal ques- his approach to the law on the bench. Indeed, States Attorney. Since 2000, Paul has been tions are unsettled and not answered by stat- one of the more controversial cases that an extremely distinguished appellate lawyer utory or constitutional text, or binding Paul worked on was Mohamad v. Jeppesen in private practice where he has handled precedent. And in the absence of a clear and DataPlan Inc., in which he and I represented many complex and sophisticated appeals. obvious legal answer, different judges reach the defendant company, which was accused Throughout his career, Paul has shown him- different results based partly on their phi- by the plaintiffs (who were represented by self to possess excellent legal analysis and losophies. Paul is a moderate liberal; I am a the ACLU) of assisting the CIA in carrying judgment. Indeed, there are few lawyers in moderate libertarianish conservative; I out its alleged ‘‘extraordinary rendition’’ California (or elsewhere) who are better pre- therefore expect that, if he is confirmed, program. That Paul has shown a willingness pared for the intellectual challenges of be- there would be some future decisions of his to work, with great professionalism, on such coming an appellate judge. with which I will disagree. a diverse set of important matters seems to Most lawyers who have achieved as much Yet our current President is President me to dispel any concern that his approach as Paul tend to be unpleasant egomaniacs. Obama, not Senator McCain. The American to judging would be anything other than Not Paul. He is humble, polite and a good lis- people spoke, and they elected someone who evenhanded. Paul has always struck me as a tener. I have no doubt that he will have col- will not nominate judges with whom Repub- lawyer’s lawyer and as refreshingly oblivious legial relations with the other judges on the licans like me will always agree. So, respect- to ‘‘political’’ concerns. On the bench, he’d Ninth Circuit. I also have no doubt that Paul ing as I do the voters’ choice in 2008 (though be a judge’s judge. will be fair-minded and will carefully apply it was not my choice), I do not ask: Is this Lastly, I would note that Paul has an out- the relevant legal precedent to each case he the sort of judge who shares my legal philos- standing disposition. Anyone who has met decides. Through his clerking experience, ophy? Rather, I ask: Would he be the sort of him for any length of time cannot fail to be and his public and private practice, Paul has judge whom I could respect intellectually? impressed by his graciousness and profes- always demonstrated high integrity and eth- Would he be the sort of judge whom I could sional demeanor. He is without guile. On the ics. trust to be fair-minded and respectful of the bench, he would epitomize judicial tempera- In short, everyone who knows Paul (wheth- legal rules that he is obligated to follow? Is ment. er they are conservative or liberal, or some- he likely to be more on the moderate side I recognize the importance of the decision where in between) recognizes that he pos- rather than solidly on the left? For Paul, my to confirm an individual to a lifetime ap- sesses the qualities that are most needed in answer to those questions is a definite yes. pointment as a federal appellate judge. I am an appellate judge. Given the urgent need to When a Democratic President nominates a confident that Paul Watford has the talent, fill vacancies in the Ninth Circuit, I would judge who is indeed well on the left, Repub- fairness, and integrity to be an excellent ju- strongly urge the Senate to swiftly confirm licans like me face a difficult question: rist, and I am pleased to support his con- Paul. Should we resist the nomination, or should firmation. Very truly yours, we accept it so long as the judge appears to Sincerely, JEREMY B. ROSEN. be excellent on the nonideological factors? I DANIEL P. COLLINS. have not fully thought through this ques- UNIVERSITY OF CALIFORNIA, tion. HORVITZ & LEVY LLP, SCHOOL OF LAW, But for the reasons I mentioned, that’s a Encino, CA, January 26, 2012. Los Angeles, CA, January 30, 2012. question that doesn’t even come up for me in Re Nomination of Paul Watford. Hon. PATRICK J. LEAHY, this instance. Paul is the sort of moderate Hon. PATRICK J. LEAHY, Chairman, Senate Judiciary Committee, Wash- Democratic nominee that moderates and Chairman, Senate Judiciary Committee, Dirksen ington, DC. conservatives, as well as liberals, should sol- Senate Office Building, Washington, DC. Hon. CHARLES E. GRASSLEY, idly support. Hon. CHARLES E. GRASSLEY, Ranking Member, Senate Judiciary Committee, Sincerely, Ranking Member, Senate Judiciary Committee, Washington, DC. EUGENE VOLOKH. Dirksen Senate Office Building, Wash- DEAR CHAIRMAN LEAHY AND SENATOR ington, DC. GRASSLEY: I am writing this to express my HENRY WEISSMANN, DEAR CHAIRMAN LEAHY AND SENATOR strong support for the nomination of Paul Los Angeles, CA, May 3, 2012. GRASSLEY: I write this letter in support of Watford to the United States Court of Ap- Re Nomination of Paul Watford. the nomination of Paul Watford to the peals for the Ninth Circuit. I have long been Hon. HARRY REID, United States Court of Appeals for the Ninth extremely impressed by Paul, since I first Majority Leader, U.S. Senate, Hart Senate Of- Circuit. I have known Paul for over a decade, met him almost 20 years ago, when my then- fice Building, Washington, DC. first as a colleague and then as a friendly boss Judge Alex Kozinski (now Chief Judge) Hon. PATRICK J. LEAHY, competitor in the relatively small California was interviewing him as a law clerk. Chairman, U.S. Senate, Committee on the Judi- appellate bar. As you know, Paul had a stellar academic ciary, Russell Senate Office Building, Wash- By way of background, I am a partner at career, graduating very near the top of his ington, DC. Horvitz & Levy LLP, the largest civil appel- class at UCLA School of Law and then clerk- Hon. MITCH MCCONNELL, late law firm in California. My practice pri- ing for Judge Kozinski and Justice Ruth Republican Leader, U.S. Senate, Russell Senate marily focuses on handling appeals in the Bader Ginsburg. He has also earned tremen- Office Building, Washington, DC. Ninth Circuit and California appellate dous respect as a practicing lawyer, both as Hon. CHUCK GRASSLEY, courts. At the outset of my career, I had the a federal prosecutor and an appellate lawyer. Ranking Member, U.S. Senate, Committee on privilege of serving as a law clerk for a judge He has all the qualities that an appellate the Judiciary, Hart Senate Office Building, on the Ninth Circuit. I am also a member of judge ought to have: intellectual brilliance, Washington, DC. the National Chamber Litigation Center’s thoughtfulness, fairness, collegiality, an DEAR SENATORS REID, MCCONNELL, LEAHY California Advisory Committee and past ability to deal civilly and productively with AND GRASSLEY: I write in support of the nom- president of the Los Angeles Chapter of the colleagues of all ideological stripes, and a ination of Paul Watford to the United States Federalist Society. deep capacity for hard work. If confirmed, Court of Appeals for the Ninth Circuit. While I find myself in somewhat frequent he’ll make a superb judge. I am a partner of Mr. Watford’s at Munger, disagreement with the President on many Let me turn then to the question of ide- Tolles & Olson LLP. Prior to joining issues (and an active supporter of one of his ology. In the overwhelming majority of cases Munger, Tolles, I had the honor of serving as opponents), his nomination of Paul to the that an appellate judge faces, the judge’s a law clerk to Justice Antonin Scalia of the Ninth Circuit is a home-run and should re- legal philosophy is entirely or almost en- Supreme Court and Judge James L. Buckley ceive bi-partisan support. As an appellate tirely irrelevant: The cases are either of the United States Court of Appeals for the lawyer, I care deeply about our nation’s ap- straightforward applications of clear and D.C. Circuit. I am also a past President of pellate courts and see on a daily basis the well-settled law, or, even if less than clear, the Los Angeles Chapter of the Federalist important role they play in our society. For involve highly technical legal questions that Society and serve on the Executive Com- appellate courts to effectively serve the pub- relate little to high-level philosophical de- mittee of its national Telecommunications lic, it is vitally important that brilliant, col- bates. For those questions Paul’s intellect, Practice Group. Although I do not agree legial, and fair-minded men and women serve care, and legal craftsmanship will yield re- with President Obama on many issues, I as appellate judges. Paul Watford is such a sults that both liberals and conservatives completely agree with his nomination of Mr. person. should applaud. Watford. Paul graduated with honors from UCLA At the same time, there is no doubt that I have had the pleasure of working with Law School and then served as a law clerk to some small but important fraction of appel- Mr. Watford for over a decade in a variety of two extremely distinguished judges (one Re- late cases consists of matters on which lib- appellate matters involving large corporate publican and one Democrat), Alex Kozinski eral judges and conservative judges will clients. He is brilliant, developing effective and Ruth Bader Ginsberg. Paul then served reach different results. That is inevitable: arguments on matters of first impression. He

VerDate Sep 11 2014 08:28 Apr 21, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0685 Sfmt 0634 E:\BR12\S21MY2.000 S21MY2 pmangrum on DSK3GDR082PROD with BOUND RECORD 7504 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 6 May 21, 2012 is efficient, producing top-quality work prod- our doctors prescribe us essential medi- There is a reason Members of the uct quickly. He is respectful of his col- cation, we want those pharmaceuticals House and Senate of both parties are in leagues, his opponents, and the courts. available right away, and we want such strong support of this reauthor- Above all, he is a careful lawyer, applying them to work as promised. ization. precedent and common sense in a way that One example of the many constitu- leads to moderate arguments. I have never The American economy has always seen any hint of politics in Mr. Watford’s ents who have contacted me about been driven by innovation, and some of lawyering. PDUFA is Virginia from Newark, DE, our most extraordinary innovations Mr. Watford is highly regarded not only who recently sent a letter to my office. have come in the biomedical sector. In within our firm, but also in the legal com- She volunteers with the National Brain the years ahead, it is my faith, my munity at large. Lawyers from private prac- Tumor Society and is concerned that hope, that we will see more and more tice, his former colleagues in the U.S. Attor- without reauthorization of this legisla- narrowly targeted drugs created spe- ney’s office, clients, academics, and many tion, safe and effective brain tumor cifically for certain kinds of patients others—including those from a wide range of therapies will be slower to be developed or very specific diseases. In the political perspectives—hold Mr. Watford in and made available to patients who the highest esteem. lifecycle of innovation, this is different I have every confidence that, as a judge, need them. She wrote: than the last few decades when block- Mr. Watford would apply the law faithfully, It has been too long since any new thera- buster medications were used and then objectively, and even-handedly. Mr. Watford pies have become available for brain tumor developed on a very wide scale across would be an outstanding addition to the patients that significantly extend survival. the country or world. But it is an Ninth Circuit, and I support his nomination Anyone can be diagnosed with a brain tumor, and they are the second leading cause of can- equally impressive feat of innovation enthusiastically. that lies in the years ahead, and one Sincerely, cer death in children under twenty. that is only possible because of amaz- HENRY WEISSMANN. I say to the Presiding Officer, I am ing advances in technology, the map- Mr. LEAHY. Mr. President, I ask sure, like me, in your office, as a Sen- ator from Connecticut, you regularly ping of the human genome, the disasso- unanimous consent that following the ciation across many labs and small vote on the Watford nomination, the are visited by folks from around the country or around your State who are startup businesses, of the machinery, motion to reconsider be considered the mechanics, and the capabilities to made and laid upon the table, with no deeply concerned about continuing medical progress, discovery and devel- innovate in the discovery and develop- intervening action or debate, that no ment of pharmaceuticals. further motions be in order to the nom- opment of the lifesaving treatments Americans have developed over the last We have to continue to support and ination; that any statements related to encourage this kind of innovation in the nomination be printed in the two decades. It is my hope that the Senate will continue to clear the way. order to stay competitive in the global RECORD; that the President be imme- economy. At the moment, the FDA diately notified of the Senate’s action, That is why we need this legislation. This reauthorization helps take care continues to keep pace with many of and that the Senate then resume legis- our global competitors in terms of lative session. of innovation and safety so consumers and patients do not have to worry. It their review time for new drug applica- The PRESIDING OFFICER. Is there tions, but we are at real risk of falling objection? permanently authorizes programs that have helped make medicines safer for behind. Without objection, it is so ordered. One recent example to which I paid Mr. LEAHY. Mr. President, I suggest millions of children. It upgrades the FDA’s tools to police the global supply close attention, the blood-thinning the absence of a quorum, but I ask chain and helps reduce the risk of drug drug Brilinta, was manufactured by a unanimous consent that the time be- shortages of the kind we saw recently, company—was developed and discov- tween now and the vote at 5:30 be even- which Senator KLOBUCHAR just spoke ered by a company—in my home State ly divided. to earlier this afternoon, when supplies of Delaware, AstraZeneca. It was fi- The PRESIDING OFFICER. Without of critical cancer medications ran low. nally approved by the FDA in July objection, it is so ordered. This is a matter of great urgency. 2011. But prior to that approval, 33 The clerk will call the roll. The current FDA authorization will ex- other countries, including the EU and The legislative clerk proceeded to pire in a few short months. If we allow Canada, had already approved the drug call the roll. that to happen, we put at risk patient months or years before. This delay in Mr. COONS. Mr. President, I ask access to new medications as well as review and approval in some certain unanimous consent that the order for America’s ongoing global leadership in cases can be bad for patients who rely the quorum call be rescinded. biomedical innovation. on these medications and bad for the The PRESIDING OFFICER. Without Worst of all, failing to reauthorize competitiveness of the United States. objection, it is so ordered. would cost us thousands of jobs, and So I am glad this reauthorization FDA REAUTHORIZATION more pink slips is not what we need as clears away some of the conflict in the Mr. COONS. Mr. President, I rise our economic recovery gains strength. underbrush and will reauthorize and today in strong support of the bipar- If new drug and medical device user fee strengthen and streamline the review tisan legislation to which the Senate agreements are not authorized before timeline for new pharmaceuticals. will move to reauthorize the Food and the current ones expire, the FDA must Not only will this provide the kind of Drug Administration user fees and crit- lay off nearly 2,000 employees. Because predictability and certainty any busi- ical programs to ensure Americans that does not happen overnight, layoff ness needs to succeed, but it helps have access to safe and effective medi- notices would start going out as early make sure the FDA’s essential regu- cations. as July. The good news is we are mov- latory process keeps pace with sci- Most of us do not think about the ing forward with a timely reauthoriza- entific innovation. In my home State FDA on a regular basis. In fact, we tion to save those jobs, save America’s of Delaware, there are more than 20,000 rarely think about where our medi- leading role in innovation, and ensure jobs that directly rely on biomedical cines come from, the scientists who in- that the FDA continues to make research and innovation. But around vented them, the investments required progress. the country there are more than 4 mil- to develop them, and the innovative, This is an all-too-rare display of bi- lion indirectly and more than 675,000 cutting-edge new treatments that are partisanship across both Chambers. jobs that directly benefit from this essential to keeping Americans This legislation was unanimously ap- area. healthy and safe or the regulators who proved by the House committee and Frankly, it is also one of our strong- make sure these pharmaceuticals, de- found strong bipartisan support in the est export areas of growth for the long vices, and treatments work as they are HELP Committee here in the Senate, term. So we need this reauthorization supposed to. But when the moment ably led by Chairman HARKIN and now. In my view, moving forward with comes that we face a health crisis and Ranking Member ENZI. this legislation also means finding the

VerDate Sep 11 2014 08:28 Apr 21, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0685 Sfmt 0634 E:\BR12\S21MY2.000 S21MY2 pmangrum on DSK3GDR082PROD with BOUND RECORD May 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 6 7505 fine balance between speed and safety, But before I do, I think Members might ent infringement cases. He also rep- between getting treatments to patients want to consider the fact that the resented Shell Oil in an antitrust case. without delay, and being certain these Ninth Circuit is by far the busiest U.S. Mr. Watford and his colleagues at new drugs will be effective and safe. circuit in the Nation. It has over 1,400 Munger won a 9-to-0 reversal on behalf In a recent editorial, the Washington appeals pending per three-judge panel. of Shell Oil in the Supreme Court. He Post noted: That is the most of any circuit. It is has also represented numerous other This time around, the balance appears to over two times the average of other American businesses, such as Coca- be tilting slightly toward faster approval. circuits combined. Cola and Berkshire Hathaway, as well That’s good. The Judicial Conference of the as business executives and municipal I agree. Safety is paramount, but United States has declared each Ninth government agencies. with today’s technology and the FDA’s Circuit vacancy a ‘‘judicial emer- In total he has argued 21 cases in the century of experience, I think we can gency.’’ So today we are, in fact, filling appellate courts, and he has appeared move more quickly to put innovative one of the seats which is a judicial as counsel in over 20 cases in the U.S. treatments in the hands of patients emergency. The candidate is Paul Supreme Court. So he is well equipped. who desperately need them. The Pre- Watford, a Ninth Circuit nominee with His extensive experience as a pros- scription Drug User Fee Act originally stellar credentials and support across ecutor and private practitioner, includ- passed by Congress in 1992 and reau- the political spectrum. I am delighted ing his specialty in appellate work, thorized every 5 years since is what al- that cloture was vitiated so the vote will serve the Ninth Circuit extremely lows the FDA to collect user fees from will be directly on his nomination, and well. Mr. Watford is also regarded by pharmaceutical manufacturers and it is anticipated that he will be con- attorneys on both sides of the aisle, in- provide a stable, consistent funding firmed without controversy. cluding conservative Republicans who stream that has steadily decreased Mr. Watford earned his bachelor’s de- praise him for his keen intellect and drug review times by nearly 60 percent gree from the University of California fair-minded approach to the law. He since it was first enacted. It has pro- Berkeley in 1989 and his law degree has been endorsed by two former presi- vided access on a faster and more pre- from UCLA in 1994 where he was editor dents of the Los Angeles chapter of the dictable timeframe to over 1,500 new of the UCLA Law Review and grad- Federalist Society. medicines since it was first enacted uated Order of the Coif. After finishing One, Jeremy Rosen, says Watford is, and deserves to be reauthorized to help law school, Mr. Watford clerked for ‘‘open-minded and fair,’’ and a ‘‘bril- expedite approval for breakthrough Ninth Circuit Judge Alex Kozinski, an liant person and a gifted appellate law- medications to treat rare and widely appointee of President Reagan’s. He yer.’’ The other, Henry Weissman, says experienced diseases. then clerked for Justice Ruth Bader that although he ‘‘do[es] not agree In closing, the FDA is the oldest Ginsburg on the U.S. Supreme Court. with President Obama on issues, [he] comprehensive consumer protection Following his two clerkships, he completely agree[s] with his nomina- agency in the Federal Government. Its spent a year in private practice at the tion of Paul Watford.’’ So that is a relevance has not decreased with age; prestigious firm of Munger, Tolles, and good thing. in fact, quite the opposite. As our re- Olson and then moved into public serv- Daniel Collins, who clerked for Jus- searchers and scientists have made ice as an assistant U.S. attorney in Los tice Scalia and served as an Associate major breakthroughs in care and tech- Angeles in 1997. There he prosecuted a Deputy Attorney General in the Bush nologies for treatment, the FDA has broad array of crimes, including bank Justice Department, says Watford continued to serve as the conduit be- robberies, firearms offenses, immigra- ‘‘embodies the definition of judicial tween innovators, physicians, and pa- tion violations, alien smuggling, and temperament—very level-headed and tients. various types of fraud. even keeled.’’ We face tremendous hurdles in treat- He later served in the major fraud Thirty-two Supreme Court clerks ing devastating diseases of all kinds. In section of the criminal division, focus- from the term when Watford clerked addition to ancient puzzles such as can- ing on white collar crime. Among his for Justice Ginsburg have written in cer that continue to elude us, there are many cases, he prosecuted the first support of the nomination. These in- new challenges cropping up every day. case of an online auction fraud on eBay clude clerks from every Justice on the One example would be the need for new in California. During his tenure as a Court at that time, including all of drugs to treat increasing cases of bac- Federal prosecutor, Mr. Watford ap- Justice Scalia’s clerks from that year, terial infections, greatly resistant to peared in court frequently, typically as well as several from Justices conventional antibiotics, so-called several times per week. He tried seven Rehnquist, Thomas, and Kennedy. I superbugs. That is why I have joined cases to verdict, and he worked on nu- find that quite amazing. with the Presiding Officer and Senator merous Ninth Circuit appeals, arguing A group of over 40 former clerks for CORKER as a cosponsor of the GAIN four of them. Judge Kozinski have also written in Act, to spur development of these spe- In one such case, a cocaine dealer had support of Watford’s nomination. This cific types of drugs. This is one of already convinced the State court that group includes numerous individuals many examples of the kinds of innova- a drug seizure had violated his fourth with unquestionable conservative cre- tions that will solve the medical mys- amendment rights. Mr. Watford pre- dentials. Many clerked for Justices teries of the 21st century, ease the suf- vailed on appeal in forcing the dealer Rehnquist, Scalia, Alito, and Kennedy. fering of millions of Americans, secure to forfeit over $100,000 in drug traf- Several, such as Steve Engel, Charles high-wage and high-skilled jobs in the ficking proceeds. Duggan, and Ted Ullyot also served in biomedical research field, and ensure In 2000, Watford rejoined Munger, the Bush administration, including in our competitiveness globally. Tolles, and Olson where he is currently the White House Counsel’s Office and So let’s continue working in the bi- a partner. This is one of the premiere the leadership of the Justice Depart- partisan spirit that has carried this re- appellate law firms in California. Paul ment. authorization thus far and proceed to Watford specializes in appellate litiga- Watford also has strong support in pass it without delay. tion at the firm. Like most major law the business community. The general I yield the floor. firms, Munger’s docket is dominated by counsels of leading American corpora- The PRESIDING OFFICER. The Sen- business litigation. Thus the focus of tions, including Google, Mattel, ator from California. Mr. Watford’s work has been appellate Verizon, and CIRCOR, have also writ- Mrs. FEINSTEIN. Mr. President, at litigation for business clients. For ex- ten in support of Mr. Watford. They 5:30 we will be voting on the nomina- ample, he represented Verizon Commu- say Watford ‘‘is exactly the kind of in- tion of Paul Watford for the Ninth Cir- nications in a consumer class action dividual that any plaintiff or defend- cuit Court of Appeals. I would like to case. He represented the technology ant—person, business, or government— say a few words about him at this time. company, Rambus, in two complex pat- would welcome deciding their case.’’

VerDate Sep 11 2014 08:28 Apr 21, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0685 Sfmt 0634 E:\BR12\S21MY2.000 S21MY2 pmangrum on DSK3GDR082PROD with BOUND RECORD 7506 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 6 May 21, 2012 In short, Paul Watford is truly both In the second case, United States v. international law in interpreting the an excellent and distinguished choice Arizona, Mr. Watford served as co- meaning of the Cruel and Unusual Pun- for the Ninth Circuit. He is extremely counsel on an amicus brief filed by the ishment clause makes me wonder how bright. He is experienced at the trial Friendly House plaintiffs. This brief he would approach this issue. and appellate level and in both civil covers most of the arguments raised in I have other concerns based on posi- and criminal cases. He is uniquely re- the Friendly House complaint. But in tions this nominee has taken in his spected for his intellect and judgment, addition, it asserts that Arizona ‘‘fails legal advocacy, as well as some of his and he has broad support across the po- to account for the complexities and re- presentations. litical spectrum and in the business alities of Federal immigration law’’ be- I am generally willing to give the community. cause individuals lacking immigration President’s nominees the benefit of the Maybe this is the reason cloture was registration documents are put at risk doubt when the nominee on the surface vitiated. He is not filibusterable. I hope of ‘‘constant and repeated criminal meets the requirements I have pre- people see the fine and keen intellect prosecution.’’ viously outlined. But I don’t think this this man is, and he should have a very I do not believe an attorney should nominee meets these requirements. large vote. If confirmed, he would be be held accountable for the legal posi- Finally, Republicans continue to be one of just two African-American ac- tions he advocates on behalf of a client. accused of obstruction and delay when tive judges on the Ninth Circuit. The Of course, there are some exceptions to it comes to judicial nominations. This Ninth Circuit, by far the busiest circuit that general rule; for instance, if the comes even as we have now confirmed in the Nation, urgently needs him to legal positions are far outside the 145 of this President’s district and cir- begin his service. mainstream of legal theory, are frivo- cuit court nominees. That, of course, is As I said the Ninth Circuit is a judi- lous or indicate an unacceptable level during a period when we also confirmed cial emergency. This will fill one va- of professional competence. However, two Justices to the Supreme Court. cancy. So I urge my colleagues to vote in this case, Mr. Watford has not sim- The last President who had two Su- at 5:30, in 15 minutes, for Mr. Watford’s ply argued on behalf of a client, he preme Court nominees had only 120 nomination. adopted those legal theories as his very confirmations. So this argument of ob- I yield the floor. own. On July 14, 2010, Mr. Watford gave struction, of delay, and of unfairness The PRESIDING OFFICER. The Sen- a speech analyzing the constitu- doesn’t hold up. ator from Iowa. tionality of the Arizona law. His speech I remind my colleagues on the other Mr. GRASSLEY. Mr. President, concentrated on ‘‘why S. 1070 is uncon- side of the aisle of the obstructionism, today we are going to turn to a nomi- stitutional,’’ and he recapped many of delay, and filibusters, which they per- nation that the Senator from Cali- the arguments he made in the Friendly fected. The history of President Bush’s fornia has just referred to, Paul House case. nominees to the ninth circuit provides Watford, to be circuit judge for the Moreover, despite the fact that he some very important examples. Ninth Circuit. I am disappointed that discussed his views on immigration President Bush nominated nine indi- the majority leader has brought this publicly, he nonetheless declined to an- viduals to the ninth circuit. Three of nomination to the floor. swer many of my questions during his those nominations were filibustered. The reason I say that is there are at hearing before the Judiciary Com- Two of those filibusters were success- least 10 nominations on the Executive mittee. For instance, I asked about an ful. The nominations of Carolyn Kuhl Calendar that might fall into the cat- argument in his brief that the Arizona and William Gerry Myers languished egory of consensus nominees. Six nomi- statute prohibiting illegal aliens from for years before being returned to the nees on the calendar had significant soliciting work somehow violated the President. A fourth nominee, Randy opposition in committee and clearly first amendment. The nominee re- Smith, waited over 14 months before fi- are not consensus nominees. Mr. sponded that it would be inappropriate nally being confirmed after his nomi- Watford falls into this category of not for him to comment on questions re- nation was blocked and returned to the being a consensus nominee. lated to whether illegal immigrants President. After being renominated, he I will oppose Mr. Watford’s nomina- were entitled to constitutional protec- was finally confirmed by a unanimous tion and ask my colleagues to oppose tions other than those contained in the vote. the nomination as well. My opposition fifth, sixth and fourteenth amend- President Obama, on the other hand, to this nomination is based upon sub- ments. Again, remember, he had al- has nominated six individuals to the stantive concerns that I have regarding ready given a speech on this topic, so I ninth circuit. Only one of those nomi- Mr. Watford’s views on both immigra- was disappointed that he would not nees was subject to a cloture vote. tion and the death penalty. share his views on these important top- After that vote failed, the nominee Mr. Watford partnered with the ics. withdrew. If confirmed, Mr. Watford American Civil Liberties Union and the With regard to the death penalty, Mr. will be the fourth nominee of President National Immigration Law Center in Watford assisted in submitting an ami- Obama nominated to serve on the two cases to oppose Arizona’s 2010 im- cus brief to the Supreme Court in Baze ninth circuit. Those four confirmations migration bill. In the first case, v. Rees on behalf of a number of groups took an average of about 8 months Friendly House, a class action lawsuit, that opposed Kentucky’s three-drug le- from the date of nomination. Mr. Watford served as cocounsel for thal injection protocol. For all of President Obama’s circuit most of the plaintiffs, including the In its plurality opinion, the Court re- nominees, the average time for nomi- class action representative Friendly jected the arguments raised in the nation to confirmation is about 242 House. brief. Ultimately, Kentucky’s three- days. For President Bush’s circuit The Friendly House complaint at- drug protocol was upheld on a 7-to-2 nominees, the average wait for con- tacks the Arizona law on a variety of vote in the Supreme Court. firmation was 350 days. Given this his- grounds. He argued the law violates the At the hearing we had for Mr. tory that I have spelled out, one might Supremacy clause; that it violates the Watford, in following up questions, Mr. wonder then why President Bush and Equal Protection clause by promoting Watford gave the standard response his nominees were treated differently racial profiling; that it violates the that he would follow Supreme Court and so much more unfairly than Presi- first amendment by chilling the speech precedent regarding the death penalty. dent Obama’s nominees. of non-English speakers; that it vio- Yet it is very curious to me that he Mr. Watford received his B.A. from lates the fourth amendment; and that would go out of his way to provide his University of California, Berkeley in it violates due process by inviting ra- services to a case that would under- 1989 and his J.D. from the University of cial profiling and employing vague mine the death penalty. California, Los Angeles (UCLA) School definitions of ‘‘public offense’’ and Furthermore, his concession that he of Law in 1994. Upon graduation, he other statutory terms. would give consideration to foreign or clerked for Judge Alex Kozinski on the

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Madam President, I ask Los Angeles, handling a variety of There is a sufficient second. unanimous consent that the Foreign criminal prosecutions, such as immi- The question is, will the Senate ad- Relations Committee be discharged gration, narcotics, firearms traf- vise and consent to the nomination of from further consideration of H.R. 1905, ficking, bank robbery, computer fraud, Paul J. Watford, of California, to be the Iran Threat Reduction Act, and mail and wire fraud, and securities United States Circuit Judge for the that the Senate proceed to its consider- fraud. Ninth Circuit. ation; that the Johnson of South Da- In 2000, Mr. Watford returned to pri- The clerk will call the roll. kota-Shelby substitute amendment, vate practice as an associate in the ap- The bill clerk called the roll. which is at the desk and is the text of pellate practice group at Sidley & Aus- Mr. DURBIN. I announce that the Calendar No. 320, S. 2101, the Iran Sanc- tin’s Los Angeles office. In 2001, he re- Senator from Missouri (Mrs. MCCAS- tions, Accountability, and Human joined Munger, Tolles & Olsen as an as- KILL) is necessarily absent. Rights Act, as reported by the Banking sociate, becoming a partner there in Mr. KYL. The following Senators are Committee, be considered; that a John- 2003. His practice focuses primarily on necessarily absent: the Senator from son of South Dakota-Shelby amend- appellate litigation, specifically busi- South Carolina (Mr. DEMINT), the Sen- ment, which is at the desk, be agreed ness and commercial disputes. Mr. ator from Nevada (Mr. HELLER), the to; that the substitute amendment, as Watford has also taught a course on Senator from Illinois (Mr. KIRK), and amended, be agreed to; that the bill, as Judicial Opinion Writing at the Univer- the Senator from Louisiana (Mr. VIT- amended, be read a third time and the sity of Southern California’s Gould TER). Senate proceed to a vote on passage of School of Law for three semesters Further, if present and voting, the the bill, as amended. (2007, 2008, and 2009). Senator from South Carolina (Mr. The PRESIDING OFFICER. Is there The ABA Standing Committee on the DEMINT) would have voted ‘‘nay.’’ objection to the consent request? Federal Judiciary unanimously rated The PRESIDING OFFICER (Mrs. Mr. MCCAIN. Madam President, re- him as Well Qualified for this position. HAGAN). Are there any other Senators serving the right to object, and I will I yield the floor and suggest the ab- in the Chamber desiring to vote? not object, I would like to thank both sence of a quorum. The result was announced—yeas 61, leaders for their hard work in getting The PRESIDING OFFICER. The nays 34, as follows: what I believe is one of the more im- clerk will call the roll. [Rollcall Vote No. 104 Ex.] portant sense-of-the-Senate resolutions The bill clerk proceeded to call the YEAS—61 achieved here. It is very difficult. I think words matter. The fact that this roll. Akaka Graham Murray Mr. REID. Mr. President, I ask unan- Alexander Hagan Nelson (NE) resolution points out that we need a imous consent that the order for the Baucus Harkin Nelson (FL) comprehensive policy that includes quorum call be rescinded. Begich Inouye Pryor economic sanctions, diplomacy in mili- Bennet Johnson (SD) Reed The PRESIDING OFFICER. Without Bingaman Kerry tary planning, capabilities, and op- Reid tions; that this objective is consistent objection, it is so ordered. Blumenthal Klobuchar Rockefeller UNANIMOUS CONSENT AGREEMENT—S. 3187 Boxer Kohl Sanders with the one stated by President Brown (MA) Kyl Schumer Barack Obama in the State of the Mr. REID. Mr. President, I ask unan- Brown (OH) Landrieu Shaheen imous consent that the cloture vote on Cantwell Lautenberg Union Address where he said, ‘‘Let the motion to proceed to Calendar No. Cardin Leahy Snowe there be no doubt: America is deter- Carper Levin Stabenow mined to prevent Iran from getting a 400, S. 3187, the Food and Drug Admin- Tester Casey Lieberman nuclear weapon, and I will take no op- istration Safety and Innovation Act, be Collins Lugar Udall (CO) vitiated; that at 2:15 tomorrow, Tues- Conrad Manchin Udall (NM) tions off the table to achieve that day, May 22, the motion to proceed be Coons McCain Warner goal’’—I think this is an important res- agreed to; that the Harkin-Enzi sub- Durbin Menendez Webb olution. I thank the majority leader. Feinstein Merkley Whitehouse I also point out that the final part of stitute amendment, which is at the Franken Mikulski Wyden desk, be agreed to, and the bill, as Gillibrand Murkowski it says that nothing in the act shall be construed as a declaration of war or an amended by the Harkin-Enzi sub- NAYS—34 authorization of the use of force stitute, be considered original text for Ayotte Enzi Paul the purposes of further amendment, against Iran or Syria. Barrasso Grassley Portman First of all, it is not an authoriza- and that the majority leader be recog- Blunt Hatch Risch tion. Second of all, I wonder if we nized at that time. Boozman Hoeven Roberts The PRESIDING OFFICER. Is there Burr Hutchison Rubio ought to include Canada and maybe Chambliss Inhofe Sessions Brazil and other countries along with objection? Coats Isakson Shelby that since this resolution contemplates Without objection, it is so ordered. Coburn Johanns Thune Cochran Johnson (WI) Mr. REID. Mr. President, based on Toomey in no way anything concerning Syria, Corker Lee Wicker but I guess we could probably throw it this, we will have a vote that should Cornyn McConnell start in 5 minutes, which will be the Crapo Moran in. However, I will not ask for a unani- mous consent to amend to add Canada, only vote of the day. NOT VOTING—5 I suggest the absence of a quorum. although the Canadians are very upset The PRESIDING OFFICER. The DeMint Kirk Vitter because they have no teams in the Heller McCaskill clerk will call the roll. finals of the National Hockey League The bill clerk proceeded to call the The nomination was confirmed. Stanley Cup championship series. role. The PRESIDING OFFICER. Under Again, I thank both the Senate ma- Mr. REID. Mr. President, I ask unan- the previous order, the motions to re- jority leader and the Republican leader imous consent that the order for the consider are considered made and laid for the work they did and also our quorum call be rescinded. upon the table, and the President will friend Senator MENENDEZ, who was also The PRESIDING OFFICER. Without be immediately notified of the Senate’s an important factor in getting this objection, it is so ordered. action. done.

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