December 5, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18763 EXECUTIVE SESSION Southern District of New York. Like Senate cannot at least consider the 17 Edgardo Ramos, Andrew Carter and judicial nominations reported unani- James Gilstrap, his nomination was re- mously by the Committee this session, NOMINATION OF EDGARDO RAMOS ported by the Judiciary Committee on who are by any measure consensus TO BE UNITED STATES DISTRICT September 15 without opposition from nominees. JUDGE FOR THE SOUTHERN DIS- a single member of the Committee, I hope that we do not see a repeat of TRICT OF NEW YORK Democratic or Republican. Mr. the damaging decision by Senate Re- Furman, an experienced Federal pros- publican leadership at the end of last ecutor who served as Counselor to At- year to refuse to agree to votes on NOMINATION OF ANDREW L. CAR- torney General Michael Mukasey for those nominations. That decision stood TER, JR., TO BE UNITED STATES two years during the Bush Administra- in stark contrast to the practice fol- DISTRICT JUDGE FOR THE tion, is a nominee with an impressive lowed by the Democratic majority in SOUTHERN DISTRICT OF NEW background and bipartisan support. the Senate during President Bush’s YORK There is no reason or explanation for first two years. Last year, Senate Re- why the Senate could not also consider publicans refused to use the same his nomination today. standards for considering President NOMINATION OF JAMES RODNEY There is also no reason or expla- Obama’s judicial nominees as we did GILSTRAP TO BE UNITED nation why Republican leadership will when the Senate gave up or down votes STATES DISTRICT JUDGE FOR not consent to consider the other 20 ju- to all 100 of President Bush’s judicial THE EASTERN DISTRICT OF dicial nominations waiting for final nominations reported by the Com- TEXAS Senate action, all but four of which mittee in his first two years. All 100 were reported by the Committee with- were confirmed before the end of the out any opposition, all but two of them 107th Congress, including two con- NOMINATION OF DANA L. with significant bipartisan support. troversial circuit court nominations CHRISTENSEN TO BE UNITED Senator GRASSLEY and I have worked reported and then confirmed during the STATES DISTRICT JUDGE FOR together to ensure that each of the 25 lame duck session in 2002. The Senate THE DISTRICT OF MONTANA nominations now on the Senate Cal- last year should not have been forced The PRESIDING OFFICER. Under endar was fully considered by the Judi- to adjourn with 19 judicial nominations the previous order, the Senate will pro- ciary Committee after a thorough, fair still on the Senate calendar. ceed to executive session to consider process, including completing our ex- With vacancies continuing at harm- the following nominations, which the tensive questionnaire and questioning fully high levels, we cannot afford to clerk will report. at a hearing. Before each of these repeat these unnecessary and damaging The bill clerk read the nominations nominees was selected by the Presi- delays. There is no reason we cannot of Edgardo Ramos, of Connecticut, to dent, the White House worked with the make significant progress this month be United States District Judge for the nominees’ home state Senators who and consider all of the consensus nomi- Southern District of New York; An- support them, the FBI completed an nations now pending on the Senate cal- drew L. Carter, Jr., of New York, to be extensive background review, and each endar. That is what we did at the end United States District Judge for the nominee was peer reviewed by the of President Reagan’s third year in of- Southern District of New York; James American Bar Association’s Standing fice and President George H.W. Bush’s Rodney Gilstrap, of Texas, to be United Committee on the Federal Judiciary. third year in office, when no judicial States District Judge for the Eastern When the nominations have been favor- nominations were left pending on the District of Texas; and Dana L. ably reported by the Judiciary Com- Senate Calendar. That is what we did Christensen, of Montana, to be United mittee after this extensive and thor- at the end of the 1995 session, President States District Judge for the District ough process, there is no reason for Clinton’s third year in office, when of Montana. months and months of further delay only a single nomination was left pend- The PRESIDING OFFICER. Under before they can start serving the Amer- ing on the Senate calendar. That is the previous order, there will be 1 hour ican people. also what we did at the end of Presi- of debate equally divided in the usual It is now December 5, with only dent George W. Bush’s third year, when form. weeks left in the Senate’s 2011 session. seven of the nine judicial nominations The Senator from Vermont. I am concerned that we are not able to left on the calendar by the Senate’s Re- Mr. LEAHY. Today the Senate will move more quickly at a time when we publican majority were among Presi- finally consider nominations to fill continue to hear from chief judges dent Bush’s most extreme ideological four vacancies on Federal district around the country about the overbur- picks and had previously been debated courts, all of which were reported by dened courts in their districts and cir- extensively by the Senate. The stand- the Judiciary Committee unanimously cuits. We need to consider at least ard has been that noncontroversial ju- in September and early October. All eight judges every week in order to dicial nominees reported by the Judici- four nominees Edgardo Ramos and An- begin to catch up and erase the backlog ary Committee get Senate action be- drew Carter, nominated to the South- that has developed from the delays in fore the end of the year. That is the ern District of New York, James Rod- the consideration of consensus nomi- standard we should follow this year. ney Gilstrap, nominated to fill a judi- nees caused by the Senate Republican We remain well behind the pace set cial emergency vacancy in the Eastern leadership. by the Senate during President Bush’s District of Texas, and Dana We should not repeat the mistakes of first term. By the end of his first term, Christensen, nominated to the District last year, when the Senate Republican the Senate had confirmed 205 district of Montana are superbly qualified leadership refused to consent to con- and circuit nominees, and had already nominees with the strong support of sider 19 judicial nominations reported confirmed 167 by this point in his third their home state Senators. It should by the Judiciary Committee, an exer- year. So far, the Senate has confirmed not have taken three months or more cise in unnecessary delay I believe to only 119 of President Obama’s district for the Senate to vote on their nomina- be without precedent with respect to and circuit nominees. Senate action tions. such consensus nominees. It took us before adjournment on all 25 judicial I thank the Majority Leader for se- until June of this year, halfway into nominations that are before the Senate curing a vote on these nominations, 2011, to consider and confirm 17 of today would go a long way to help re- but I am disappointed that the Senate these nominations that could and solve the longstanding judicial vacan- Republican leadership would not agree should have been considered before the cies that are delaying justice for so to a vote on the nomination of Jesse end of 2010. Before we adjourn this many Americans in our Federal courts Furman to fill a third vacancy on the year, there is certainly no reason the across the country.

VerDate Sep 11 2014 09:48 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR11\S05DE1.000 S05DE1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18764 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 December 5, 2011 The 100 circuit and district court for the Eastern District of Texas deter- From the beginning of the Obama ad- nominations we confirmed in President mined by the Administrative Office of ministration, we have seen some Sen- Bush’s first two years leading to a va- the U.S. Courts to be a judicial emer- ate Republicans shift significantly cancy total of 60 at the beginning of his gency vacancy. His nomination has the away from the standards they used to third year is almost a complete reverse support of both his Republican home apply to the judicial nominations of a of the 60 the Senate was allowed to state Senators, Senator CORNYN and Republican President. During the ad- confirm in President Obama’s first two Senator HUTCHISON. For 27 years Mr. ministration of the last President, a years, leading to nearly 100 vacancies Gilstrap has been a partner at the law Republican, Republican Senators in- at the start of 2011. Yet, even following firm of Smith & Gilstrap in Marshall, sisted that filibusters of judicial nomi- those years of real progress, in 2003 we Texas. He has also served as a part- nees were unconstitutional. They proceeded to confirm more judicial time County Judge for Harrison Coun- threatened the ‘‘nuclear option’’ in 2005 nominations than there were vacancies ty, Texas. His nomination was reported to guarantee up-or-down votes for each at the start of that year, and reduced unanimously by the Judiciary Com- of President Bush’s judicial nomina- vacancies even further, down to 5 per- mittee by voice vote on September 15. tions. Senator MCCONNELL, then the cent, half of where they stand today. Dana Christensen is nominated to fill Republican whip, said: ‘‘Any Presi- Chief Justice Roberts, the Attorney a vacancy on the District Court for the dent’s judicial nominees should receive General and the White House counsel District of Montana. Mr. Christensen careful consideration. But after that have all spoken about the serious prob- has spent his 34-year legal career in debate, they deserve a simple up-or- lems created by persistent judicial va- private practice and is currently the down vote. . . . It’s time to move away cancies. More than half of all Ameri- president of the law firm of from advise and obstruct and get back cans over 167 million live in districts or Christensen, Moore, Cockrell, Cum- to advise and consent. The stakes are circuits that have a judicial vacancy mings & Axelberg, P.C. in Kalispell, high. . . . The Constitution of the that could be filled today if Senate Re- Montana. The ABA Standing Com- United States is at stake.’’ Many Republican Senators declared publicans just agreed to vote on the mittee on the Federal Judiciary unani- that they would never support the fili- nominations now pending on the Sen- mously rated Mr. Christensen ‘‘well buster of a judicial nomination—never. ate calendar. As many as 23 states are qualified’’ to serve, its highest possible Yet, only a few years later, Senate Re- rating. His nomination has the support served by Federal courts with vacan- publicans reversed course and filibus- of both his home state Senators, Sen- cies that would be filled by these nomi- tered President Obama’s very first ju- nations. Millions of Americans across ator BAUCUS and Senator TESTER, and dicial nomination, that of Judge David the country are harmed by delays in was reported by the Judiciary Com- Hamilton of Indiana. overburdened courts. The Republican mittee by voice vote with no dissent on David Hamilton was a widely re- leadership should consent to vote on October 6. spected 15-year veteran of the Federal the qualified, consensus candidates I hope the Senate can build on to- bench. President Obama nominated nominated to fill these extended judi- day’s progress to fulfill its constitu- Judge Hamilton in March 2009, after cial vacancies before we adjourn for tional duty and ensure the ability of consultation with the most senior and the year and not unnecessarily delay our Federal courts to provide justice to longest-serving Republican in the Sen- their consideration until next spring. Americans around the country. ate, Senator DICK LUGAR of Indiana, The four nominees we consider today NOMINATION OF CAITLIN HALLIGAN who strongly supported the nomina- will all be confirmed, I expect, with Tomorrow the Senate should be hold- tion. Rather than welcome the nomina- significant bipartisan support. Edgardo ing an up-or-down vote on the long-de- tion as an attempt by President Obama Ramos is nominated to fill a vacancy layed nomination of Caitlin Halligan to step away from the ideological bat- on the District Court for the Southern to fill one of three vacancies on the tles of the past, some Senate Repub- District of New York. Since 2002, Mr. Court of Appeals for the D.C. Circuit. licans ignored Senator LUGAR’s sup- Ramos has been in private practice Instead, for the seventh time since port, caricatured Judge Hamilton’s after serving for ten years as an Assist- President Obama took office 34 months record and filibustered his nomination. ant U.S. Attorney in the Eastern Dis- ago, we are required to overcome a Re- After the Senate rejected that fili- trict of New York, where he was pro- publican filibuster for the Senate to buster, Judge Hamilton was confirmed. moted to Deputy Chief of the Narcotics consider one of President Obama’s su- The partisan delays and opposition to Section. The ABA’s Standing Com- perbly qualified judicial nominees. President Obama’s judicial nomina- mittee on the Federal Judiciary unani- Ms. Halligan, President Obama’s first tions have continued since. Senate Re- mously rated him ‘‘well qualified’’ to nominee to the important D.C. Circuit, publicans have required cloture mo- serve, its highest possible rating. The is the former Solicitor General for the tions to be filed on judicial nomina- nomination of Mr. Ramos has the State of New York. With an impressive tions that ultimately won unanimous strong support of both his home state record in private practice and public support from the Senate. Earlier this Senators, Senator SCHUMER and Sen- service, she is widely respected for the year they filibustered the nomination ator GILLIBRAND, and was reported by quality of her work as an advocate. In- of Professor Goodwin Liu of California, the Judiciary Committee by voice vote deed, Ms. Halligan’s nomination was who was supported by both his home with no dissent on September 15. greeted with bipartisan support and state Senators to fill a judicial emer- The nomination of Judge Andrew has since garnered endorsements from gency vacancy on the Ninth Circuit. Carter to fill a vacancy on the District law enforcement officials and organiza- That successful filibuster of a brilliant Court for the Southern District of New tions, women’s organizations, law lawyer and a good man prevented the York also has the strong support of the school deans and professors, judges and Senate from having an up-or-down vote New York Senators and was also re- preeminent lawyers from across the po- on his nomination and prevented an ported unanimously by voice vote on litical spectrum. The Judiciary Com- outstanding nominee from serving the September 15. Since 2009, Judge Carter mittee favorably reported Ms. American people on the Federal bench. has been a Magistrate Judge for the Halligan’s nomination nearly nine They attempted to justify that fili- Eastern District of New York. Prior to months ago. buster on ideological grounds. There is joining the bench, Judge Carter served By any traditional standard, she is no such justification here, in connec- for 13 years as a public defender in New the kind of superbly qualified nominee tion with the nomination of Caitlin York state and Federal and spent two who should easily have been confirmed Halligan who is a mainstream lawyer years at the Ford Foundation as a Pro- by the Senate months ago with the and public servant from New York. gram Assistant in its Rights and Social support of both Republicans and Demo- Senate Republican leadership took the Justice Program. crats. I am disappointed that yet again virtually unprecedented step this year James Rodney Gilstrap is nominated instead of seeing bipartisan coopera- of requiring cloture to be filed on a dis- to fill a vacancy on the District Court tion we are required to seek cloture. trict court nomination. That effort to

VerDate Sep 11 2014 09:48 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR11\S05DE1.000 S05DE1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD December 5, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18765 ratchet up the judge wars was rejected served in government and clerked for Jr., William Fitzpatrick, James Reams when 11 Republican Senators joined to the Supreme Court, she clerked for Su- and Scott Burns, support her nomina- ensure an up-or-down vote on the nom- preme Court Justice Stephen Breyer. tion, as do the New York Association ination of Jack McConnell to the Dis- She also clerked for Judge Patricia of Chiefs of Police and the New York trict of Rhode Island. Wald on the D.C. Circuit, the court to State Sheriff’s Association. New York With their latest filibuster, the Sen- which she has been nominated. The City Police Commissioner Raymond ate Republican leadership seeks to set American Bar Association’s Standing Kelly has said that Ms. Halligan has yet another new standard, one that Committee on the Federal Judiciary, the ‘‘three qualities important for a threatens to make confirmation of any which Republican Senators often cite, nominee: intelligence, a judicial tem- nominee to the D.C. Circuit virtually unanimously rated Ms. Halligan ‘‘Well- perament, and personal integrity.’’ impossible for the future. Caitlin Qualified’’ to serve on the D.C. Circuit. Legendary New York County District Halligan is well-qualified nominee with That is the highest rating that can be Attorney Robert Morgenthau, endors- a mainstream record as a brilliant ad- received from its non-partisan peer re- ing her nomination in the ‘‘strongest of vocate on behalf of the State of New view. terms,’’ described Ms. Halligan as York and in private practice. I have re- The letters of support we have re- ‘‘qualified in terms of intellect, ability viewed her record carefully in the ceived for Ms. Halligan’s nomination and temperament.’’ This is not some- course the Judiciary Committee’s thor- from a broad range of people and orga- one to be filibustered and blocked from ough process, including her response to nizations is a testament both to her ex- serving as a Federal judge. our extensive questionnaire and her an- ceptional qualifications to serve and to More than 20 former United States swers to questions at her hearing and the fact that this should be a consensus Supreme Court clerks, including clerks in writing following the hearing. In my nomination, not a source of con- who worked for conservative Justices view, there is no legitimate reason or troversy and contention. such as former Chief Justice justification for filibustering her nomi- Twenty-one prominent appellate ad- Rehnquist, Justice Scalia and Justice nation. vocates from across the political spec- Kennedy, wrote that they ‘‘retain a dis- Caitlin Halligan is the kind of nomi- trum who have worked with Caitlin tinct appreciation of Caitlin’s sharp in- nee who has demonstrated not only Halligan, including Miguel Estrada and telligence and her ability to cooperate legal talent but also a dedication to Carter Phillips, endorsed her nomina- with others in resolving difficult legal the rule of law throughout her career. tion, writing: problems.’’ They concluded their letter We should encourage nominees with ‘‘We believe that Caitlin is an outstanding of support by praising her ‘‘reasonable- the qualities of Ms. Halligan to engage selection for the D.C. Circuit. She is a first- ness and collegiality,’’ and calling her in public service and we should wel- rate lawyer and advocate. She is well re- a ‘‘fair-minded colleague who was a come them on the Federal bench, not spected and highly regarded as a leader of pleasure to work with in a sophisti- denigrate them. Concocted controver- the profession. Caitlin has an ideal judicial cated and demanding legal setting.’’ temperament. She brings reason, insight and This is not a closed minded ideologue. sies and a blatant misreading of Ms. judgment to all matters. Even those of us Halligan’s record as an advocate are no who have been on the opposite sides of Caitlin Halligan is an outstanding law- reason to obstruct this outstanding Caitlin in litigation have been greatly im- yer who will be an outstanding judge. nomination. pressed with her ability and character. We Ms. Halligan’s nomination has re- We must reject these misguided argu- have no doubt she would serve with distinc- ceived support from numerous women’s ments. This filibuster against this tion and fairness.’’ law enforcement, business, and legal qualified woman will set a standard When Ms. Halligan was nominated, organizations, including the New York that could not be met by judicial nomi- Carter Philips, a preeminent Supreme Women in Law Enforcement, the Na- nees of Presidents of either party. I Court advocate who served as Assistant tional Center for Women and Policing, trust that, as with the nomination of to the Solicitor General during the the National Conference of Women’s Jack McConnell, sensible Republican Reagan administration, described her Bar Associations, and the Women’s Bar Senators will, again, join in preventing as ‘‘one of those extremely smart, Association of the District of Colum- such an outcome. It is time to edge thoughtful, measured and effective ad- bia. The U.S. Women’s Chamber of away from this dangerous precipice. vocates’’ and concluded that she ‘‘will Commerce asked the Senate to confirm When Democratic Senators cooper- be a first-rate judge.’’ Judge Albert Ms. Halligan, describing her as ‘‘excep- ated to confirm John Roberts to the Rosenblatt, who was appointed to serve tionally well-qualified’’ with ‘‘out- D.C. Circuit in 2003, it broke the stale- on New York’s highest court by former standing legal credentials and legal ex- mate created by the Republicans re- Republican Governor George Pataki, perience that is both broad and deep.’’ fusal for years to even consider Presi- wrote in praise of Ms. Halligan’s work The National Conference of Women’s dent Clinton’s nominees to that Court. as New York’s Solicitor General, con- Bar Associations, which supports Ms. Like John Roberts, Caitlin Halligan is cluding that ‘‘her sense of fairness and Halligan because her ‘‘broad experi- a highly regarded appellate advocate balance is among the best—if not the ence, public service and intellect make with the kind of impeccable credentials best—that I have ever seen in my 34 her well suited to the federal appellate in both public service and private prac- years as a judge and a prosecutor.’’ bench,’’ also notes that ‘‘her appoint- tice that make her unquestionably This is not a nomination that should ment would add much needed diversity qualified to serve on the D.C. Circuit. be filibustered. To do so will set a de- to the federal court, where only three She should be confirmed, not unjusti- structive standard that no one will be women are among the active judges on fiably filibustered. able to meet. If someone of Caitlin the D.C. Circuit.’’ More than 100 Ms. Halligan served for nearly six Halligan’s outstanding credentials, women who are deans and professors at years as Solicitor General of New York character and experience cannot be top law schools throughout the country and has been a leading appellate lawyer confirmed, no one can be. strongly support the nomination be- in private practice. She is currently The nomination of Ms. Halligan has cause ‘‘Ms. Halligan has won accolades General Counsel at the New York likewise received significant support for her judgment, legal acumen, and County District Attorney’s Office, an from law enforcement officials and or- expertise in appellate litigation,’’ and office that investigates and prosecutes ganizations. The National District At- because her ‘‘legal credentials, experi- 100,000 criminal cases annually in Man- torneys Association has called Caitlin ence and accomplishments make her hattan. Ms. Halligan has served as Halligan’s background ‘‘impressive,’’ exceptionally well-qualified to serve’’ counsel of record in nearly 50 matters stating that she ‘‘would be an out- on the D.C. Circuit. They also echo the before the U.S. Supreme Court, arguing standing addition’’ to the D.C. Circuit. need for bringing gender diversity to five cases before that court and many District Attorneys from the State of this critical court, noting that, cases before Federal and state appel- New York, including Republicans ‘‘women have been historically under- late courts. Just as John Roberts had Derek Champagne, Daniel Donovan, represented on this court, as only five

VerDate Sep 11 2014 09:48 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR11\S05DE1.000 S05DE1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18766 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 December 5, 2011 of the fifty-seven judges to serve there ernor George Pataki. Caitlin Halligan ap- THE POLICE COMMISSIONER, have been women.’’ This outstanding peared frequently before me on behalf of the New York, NY, May 26, 2011. nominee is a leader and role model State of New York in her capacity as Solic- Hon. PATRICK J. LEAHY, whose career should not be short- itor General. The quality of her work was ex- Chairman, Senate Judiciary Committee, Dirksen Senate Office Building, Washington, DC. circuited by petty partisanship. emplary and serves as a model of how to deal with important issues. Her sense of fairness Hon. CHARLES E. GRASSLEY, I ask unanimous consent that some Ranking Member, Senate Judiciary Committee, and balance is among the best—if not the of these letters of support be printed in Dirksen Senate Office Building, Wash- best—that I have ever seen in my 34 years as the RECORD. ington, DC. a judge and as a prosecutor before that. In There being no objection, the mate- DEAR CHAIRMAN LEAHY AND SENATOR her appearances before our court, there is no rial was ordered to be printed in the GRASSLEY: I am writing in support of the one who commanded more respect and who RECORD as follows: nomination of Caitlin J. Halligan to the had greater credibility. If I had to choose a United States Court of Appeals for the Dis- EXHIBIT 1 candidate to serve on a federal appeals court trict of Columbia. I am familiar with the MARCH 4, 2011. I can think of no one better. I emphasize: No work of Ms. Halligan in her capacity as Hon. PATRICK J. LEAHY, one. I urge the Senate to act expeditiously to Counsel to the New York County District At- Chairman, Senate Judiciary Committee, Dirksen confirm her to this position. torney. Senate Office Building, Washington, DC. Ms. Halligan possesses the three qualities Most respectfully I hope the Senate sees fit Hon. CHARLES E. GRASSLEY, most important for a nominee: intelligence, Ranking Member, Senate Judiciary Committee, to act expeditiously to confirm her for serv- a judicial temperament, and personal integ- Dirksen Senate Office Building, Wash- ice on the U.S. Court of Appeals for the Dis- rity. Ms. Halligan is without question an at- ington, DC. trict of Columbia Circuit. torney with a keen legal intellect. Indeed, DEAR CHAIRMAN LEAHY AND SENATOR Please feel free to contact me, if you wish, the rapid successes of her career since grad- GRASSLEY: We write in enthusiastic support by phone or email. I recall fondly, Senator uating from law school in 1995 provide ample of the nomination of Caitlin Halligan to be a Leahy, that we met many years ago at a con- evidence of her intelligence and abilities. judge on the United States Court of Appeals vention when I was an assistant DA in New With regard to her temperament, the inter- actions between Ms. Halligan and my staff for the District of Columbia Circuit. We are York and you were a prosecutor in Vermont. consistently demonstrate an even-handed lawyers who have worked with Caitlin in Very truly yours, various capacities. We believe that Caitlin is disposition in navigating potential conflicts ALBERT M. ROSENBLATT. an outstanding selection for the D.C. Circuit. between police and prosecutors in New York She is a first-rate lawyer and advocate. She City. Lastly, Ms. Halligan’s personal integ- is well respected and highly regarded as a NATIONAL DISTRICT rity is simply without question. leader of the profession. Caitlin also has an ATTORNEYS ASSOCIATION, In sum, Ms. Halligan possesses all the ideal judicial temperament. She brings rea- Alexandria, VA, June 2, 2011. qualities required for a successful federal ap- son, insight and judgment to all matters. Hon. PATRICK J. LEAHY, pellate judge, and I highly recommend her Even those of us who have been on opposite Chairman, Senate Committee on the Judiciary, for such a position. sides of Caitlin in litigation have been great- Dirksen Senate Office Building, Wash- Sincerely, ly impressed with her ability and character. ington, DC. RAYMOND W. KELLY, We have no doubt that she would serve with Hon. CHARLES E. GRASSLEY, Police Commissioner. distinction and fairness. Ranking Member, Senate Committee on the Ju- Sincerely yours, diciary, Dirksen Senate Office Building WACHTELL, LIPTON, ROSEN & KATZ, Clifford M. Sloan, Skadden, Arps, Slate, Washington, DC. New York, NY, March 23, 2011. Meagher & Flom LLP; Sri Srinivasan, DEAR CHAIRMAN LEAHY AND RANKING MEM- Hon. PATRICK J. LEAHY, O’Melveny & Myers LLP; Miguel A. BER GRASSLEY: On behalf of the National Dis- Chairman, Senate Judiciary Committee, Dirksen Estrada, Gibson, Dunn & Crutcher trict Attorneys Association, the oldest and Senate Office Building, Washington, DC. LLP; Carter G. Phillips, Sidley Austin DEAR CHAIRMAN LEAHY AND SENATOR largest organization representing over 39,000 LLP; Seth P. Waxman, WilmerHale; GRASSLEY: I write this letter in support of of America’s state and local prosecutors, we Walter Dellinger, O’Melveny & Myers the nomination of Caitlin Halligan to the LLP; David C. Frederick, Kellogg, would like to offer our full support for the United States Court of Appeals for the Dis- Huber, Hansen, Todd, Evans & Figel, nomination of Caitlin J. Halligan for the po- trict of Columbia Circuit. I have known P.L.L.C.; Andrew J. Levander, Dechert sition of United States Circuit Judge for the Caitlin personally a short time, but her rep- LLP; Richard J. Davis, Weil, Gotshal & District of Columbia. utation for even-handedness and excellence Manges LLP; Michele Hirshman, Paul, Ms. Halligan has an impressive background as an attorney are well-known in New York’s Weiss, Rifkind, Wharton & Garrison which developed her into an extremely im- legal community. LLP; Dietrich L. Snell, Proskauer Rose pressive and qualified candidate to serve as I will not belabor her exemplary record as LLP; Paul M. Smith. Jenner & Block an U.S. Circuit Judge. Ms. Halligan cur- an attorney: Georgetown Law Review, clerk LLP; Patricia Ann Millett, Akin Gump rently serves as General Counsel of the New to Justice Patricia Wald of the D.C.: Circuit, Strauss Hauer & Feld LLP; Kathleen to Justice Stephen Breyer of the United York County District Attorney’s Office, M. Sullivan, Quinn Emanuel Urquhart States Supreme Court, adjunct faculty mem- where she helps to supervise more than 500 & Sullivan, LLP, Stanford Law School; ber of Columbia University Law School and Thomas W. Brunner, Wiley Rein LLP; lawyers handling a wide range of criminal in- Georgetown University Law Center, Solic- Meir Feder, Jones Day; Evan M. Tager, vestigations and prosecutions. Prior to join- itor General of the State of New York, Part- Mayer Brown LLP; Philip K. Howard, ing the District Attorney’s Office in 2010, Ms. ner and Head of Appellate Practice Group at Covington & Burling LLP; Ira M. Halligan was a partner and head of the appel- the firm Weil, Gotshal & Manges LLP, and Millstein, Weil, Gotshal & Manges late practice at Weil, Gotshal & Manges, most recently, General Counsel to the Dis- LLP; Roy L. Reardon, Simpson LLP, a leading New York law firm. From Oc- trict Attorney of New York County. Cer- Thacher & Bartlett LLP; Michael H. tober 2001 until January 2007, Ms. Halligan tainly this is a resume and career that is Gottesman, Georgetown University served as the Solicitor General of New York grounded solidly in the law, and I submit Law Center. State, where she represented the State in the that her legal qualifications are beyond federal and state appellate courts and headed question. MCCABE & MACK LLP, an office of 45 appellate attorneys. More recently, I have worked with Caitlin ATTORNEYS AT LAW, in her capacity as General Counsel to my Poughkeepsie, NY, December 1, 2011. The National District Attorneys Associa- former office. She is well-known and well-re- Hon. PATRICK J. LEAHY, tion believes that Ms. Halligan would be an garded as a lawyer’s lawyer. She follows the Chairman, Senate Judiciary Committee, Dirksen outstanding addition to the United States law and holds herself to the highest ethical Senate Office Building, Washington, DC. Circuit Court for the District of Columbia. standards. She is as intellectually honest as Hon. CHARLES E. GRASSLEY, We are happy to offer our full support for Ms. she is tough—she does not take short cuts Ranking Member, Senate Judiciary Committee, Halligan’s nomination and encourage her and she does not pull her punches; both nec- Dirksen Senate Office Building, Wash- swift confirmation by the Senate. essary attributes for her to be effective in ington, DC. Sincerely, her current position. DEAR CHAIRMAN LEAHY AND SENATOR JAMES REAMS, At the Manhattan District Attorney’s Of- GRASSLEY: I am a retired member of New President. fice, she handles some of the toughest issues York’s highest court, the Court of Appeals, a SCOTT BURNS, that a lawyer has to address; issues that go position to which I was appointed by Gov- Executive Director. to the core of law enforcement authority;

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issues that involve claims of wrongful con- and the Justices for whom we worked—dis- U.S. WOMEN’S viction and the use of prosecutorial discre- agreed. CHAMBER OF COMMERCE, tion. I can speak from experience to tell you Washington, DC, June 28, 2011. In sum, we hold Caitlin Halligan in high that these are weighty issues that can keep Hon. PATRICK J. LEAHY, any lawyer awake at night. A District Attor- regard as a talented and fair-minded col- Chairman, Committee on the Judiciary, U.S. ney needs counsel who is tough but fair, and league who was a pleasure to work with in a Senate, Dirksen Senate Office Building, counsel who can advise the district attorney sophisticated and demanding legal setting. Washington, DC. on these weighty issues not from a gut feel- We have no doubt that if she is confirmed by Hon. CHUCK GRASSLEY, ing or personal agenda, but based solely on the Senate, her colleagues on the federal Ranking Member, Committee on the Judiciary, the law and the facts. She meets these high bench will soon arrive at a similar conclu- U.S. Senate, Dirksen Senate Office Build- standards. I cannot stress enough the dif- sion, and we appreciate your attention to her ing, Washington, DC. ficulties of the issues that Ms. Halligan has nomination. DEAR CHAIRMAN LEAHY AND RANKING MEM- to address every day. And, based on both my Respectfully submitted, BER GRASSLEY: On behalf of the U.S. Wom- personal observation and accounts I hear Samuel R. Bagenstos, Professor of Law, en’s Chamber of Commerce, I write in enthu- from my former colleagues at the D.A.’s Of- University of Michigan Law School, fice—Caitlin handles these pressures with siastic support of the nomination of Caitlin Ann Arbor, MI; J. Scott Ballenger, grace and poise, and is a tough proponent of Halligan to be a judge on the United States Partner, Latham & Watkins LLP, the core mission of the Manhattan D.A.’s Of- Court of Appeals for the District of Columbia Washington, DC; Rachel E. Barkow, fice—to keep the citizenry safe, to enforce Circuit. Ms. Halligan is exceptionally well- Professor of Law, New York University the law without fear or favor, and to hold ac- qualified, and would be an excellent addition School of Law, New York, NY; Paul countable those who break the law. She to that court. She would not only bring ex- Schiff Berman, Dean and Foundation brings solid law enforcement perspective to traordinary legal talents but also increase Professor of Law, Sandra Day O’Connor her work, and upholds the highest standards the gender diversity of that court, increasing of my former office. College of Law, Arizona State Univer- the representation of women on what has In sum, Caitlin Halligan is qualified in sity, Phoenix, AZ; terms of intellect, ability and temperament, Stephanos Bibas, Professor of Law and been called the second-highest court in the and I endorse her in the strongest of terms. Criminology, Director, Supreme Court land. Sincerely, Clinic, University of Pennsylvania Law Her re´sume´ speaks for itself. Ms. Halligan ROBERT M. MORGENTHAU. School, Philadelphia, PA; Elizabeth has outstanding legal credentials and legal Cavanagh, Adjunct Professor, Amer- experience that is both broad and deep. Over FEBRUARY 28, 2011. ican University Washington College of the course of her career, she has developed Hon. PATRICK J. LEAHY, Law, Washington, DC; Thomas Colby, significant expertise in appellate litigation, Chairman, Committee on the Judiciary, U.S. Professor of Law, George Washington Senate, Dirksen Senate Office Building, including before the U.S. Supreme Court. University Law School, Washington, She has also generously contributed of her Washington, DC. DC; Laura A. Dickinson, Foundation own time to pro bono service. Hon. CHUCK GRASSLEY, Professor of Law, Faculty Director, Ranking Member, Committee on the Judiciary, Center for Law and Global Affairs, San- We ask that the Senate vote to confirm U.S. Senate, Dirksen Senate Office Build- dra Day O’Connor College of Law, Ari- Caitlin Halligan to the United States Court ing, Washington, DC. zona State University, Phoenix, AZ; of Appeals for the District of Columbia Cir- DEAR CHAIRMAN LEAHY AND RANKING MEM- David Friedman, Senior Vice Presi- cuit. BER GRASSLEY: We write as former clerkship Sincerely, colleagues of Caitlin Halligan in support of dent/Special Counsel, Boston Red Sox, MARGOT DORFMAN, her nomination for a seat on the U.S. Court Boston, MA; Lisa Kern Griffin, Pro- CEO. of Appeals for the District of Columbia Cir- fessor of Law, Duke University School cuit. All of us worked alongside Caitlin as of Law, Durham, NC; Deborah Ham- law clerks at the U.S. Supreme Court during ilton, Trial Attorney, Equal Employ- NATIONAL CONFERENCE OF the 1997–98 Term. Our shared experience left ment Opportunity Commission, Chi- WOMEN’S BAR ASSOCIATIONS, us with an indelible impression of Caitlin’s cago, IL; Rachel A. Harmon, Associate Portland, OR, June 23, 2011. brilliant legal mind, her collegiality and Professor, University of Virginia Re Nomination of Caitlin J. Halligan to the fair-mindedness, and her abiding respect for School of Law, Charlottesville, VA; United States Court of Appeals for the the rule of law. Even now, almost a decade Sarah O. Jorgensen, King & Spalding, District of Columbia Circuit. and a half later, as we have moved on to dis- Atlanta, GA; John P. Kelsh, Partner, Hon. PATRICK J. LEAHY, Chair, parate careers in the government, private Sidley & Austin LLP, Chicago, IL; Jer- Senate Judiciary Committee, Dirksen Senate Of- sector, and the legal academy, we retain a emy Maltby, Partner, O’Melveny & fice Building, Washington, DC. distinct appreciation of Caitlin’s sharp intel- Myers LLP, Washington, DC; Hon. CHARLES GRASSLEY, Ranking Member, ligence and her ability to cooperate with Christopher Meade, Washington, DC; Senate Judiciary Committee, Dirksen Senate Of- fice Building, Washington, DC. others in resolving difficult legal problems. Gillian E. Metzger, Professor of Law, As you well know, the work of the Su- Columbia Law School, New York, NY; DEAR CHAIRMAN LEAHY AND RANKING MEM- preme Court is intense and eclectic, encom- Charles Moore, Partner, Trilantic Cap- BER GRASSLEY: On behalf of the National passing a vast array of intricate legal mat- ital Partners, New York, NY; John B. Conference of Women’s Bar Associations, we ters, a host of overlapping deadlines, and a variety of formal and informal procedures Owens, Assistant United States Attor- write to express our enthusiastic support for for internal deliberation and discussion ney, Chief, Criminal Division, Southern the nomination of Caitlin J. Halligan to the among the Justices and their clerks. Our District of California, San Diego, CA; United States Court of Appeals for the Dis- work on the difficult cases the Court decided Mary-Rose Papandrea, Associate Pro- trict of Columbia Circuit. fessor, Boston College Law School, during the 1997–98 Term generated among Ms. Halligan’s broad experience, public our group an unending discussion of legal Boston, MA; Theodore W. Ruger, Pro- service and intellect make her well suited to issues, both in connection with our specific fessor of Law, University of Pennsyl- the federal appellate bench, and her appoint- law clerk tasks and in more freewheeling vania Law School, Philadelphia, PA; conversations in the clerks’ dining room and Sri Srinivasan, Partner, O’Melveny & ment would add much needed diversity to related settings. In this milieu Caitlin stood Myers LLP, Washington, DC; Silvija A. the federal court, where currently only three out for her ability to meaningfully discuss Strikis, Partner, Kellogg, Huber, Han- women are among the active judges on the and explicate tough legal questions with an sen, Todd, Evans & Figel, PLLC Wash- D.C. Circuit. open mind and a willingness to consider mul- ington, DC; Harry P. Susman, Partner, We join with many other organizations tiple perspectives on the law. Throughout Susman Godfrey LLP, Houston, TX; such as the National District Attorneys As- the year, Caitlin displayed a keen ability to Christopher S. Yoo, Professor of Law, sociation, the New York Women in Law En- listen to and accommodate the views of oth- Director, Center for Technology, Inno- forcement and the Women’s Bar Association ers, all the while simultaneously expressing vation and Competition, University of and justifying her own view of the law. Al- of the District of Columbia in urging the Pennsylvania Law School, Philadel- though the Court during the 1997 Term speedy confirmation of this outstanding phia, PA. issued an unusually high proportion of unan- nominee. imous decisions, Caitlin’s demeanor as a law Very truly yours, clerk exuded reasonableness and collegiality MARY E. SHARP, even in those areas where we law clerks— President.

VerDate Sep 11 2014 09:48 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR11\S05DE1.000 S05DE1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18768 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 December 5, 2011 NOVEMBER 15, 2011. cent Washington Post editorial urging judgeships on the D.C. Circuit should Re Nomination of Caitlin J. Halligan to the Senate to confirm Ms. Halligan’s not be filled. They argued that 10 United States Court of Appeals for the confirmation, suggested as much, stat- judges were enough. District of Columbia Circuit. ing: ‘‘GOP senators are grasping at Hon. HARRY REID, But what happened when George W. straws to block Ms. Halligan’s ascen- Hart Senate Office Building, Bush became President? Republican sion, perhaps in hopes of preserving the Washington, DC. Senators set aside those arguments vacancy for a Republican president to Hon. MITCH MCCONNELL, when considering the nominations of a fill.’’ Yet again, we see some Senate Russell Senate Office Building, Republican President to the same Washington, DC. Republicans shifting the standards court even as the caseload numbers DEAR MAJORITY LEADER REID AND MINOR- they use and the arguments they make went down, Senate Republicans aban- ITY LEADER MCCONNELL: We, the undersigned based on the party of the President doned their hollow caseload arguments law school deans and professors, write in making the nominations. They say one strong support of the nomination of Caitlin to press for confirmation of multiple thing when President Clinton is in of- Halligan to the United States Court of Ap- Bush nominees to the D.C. Circuit. fice, flip when the President is a Re- peals for the District of Columbia Circuit. Their actions showed that they were publican, and flop when the American Ms. Halligan’s legal credentials, experience, not really concerned with a caseload and accomplishments make her exception- people elect President Obama. ally well-qualified to serve on this court. We When President Clinton nominated justification. Their reversal now to also note that women have been historically qualified moderates to vacancies on readopt a caseload argument is not underrepresented on this court, as only five the D.C. Circuit, Republicans refused consistency of principle, but relates to of the fifty-seven judges to serve there have to proceed. The last of three Clinton the principal who is making the nomi- been women, and only three of the court’s nominees to the D.C. Circuit was con- nation and appears political. eight active judges are women. Ms. Halligan graduated from Georgetown firmed in 1997, after being nominated in Despite the unwillingness of Senate University Law Center with honors, includ- 1995 and stalled through the 1996 ses- Republicans to act on President Clin- ing Order of the Coif. She clerked for Judge sion when not a single circuit nominee ton’s nominees to the D.C. Circuit for Patricia M. Wald on the D.C. Circuit Court, was confirmed by the Senate Repub- years, Senate Democrats did proceed to and for Justice Stephen G. Breyer on the lican majority. When Senate Repub- consider President Bush’s nominations. U.S. Supreme Court. Ms. Halligan’s career licans stalled the nomination of The first confirmation, for which I includes public service, private practice, and Merrick Garland to the D.C. Circuit be- legal education. She worked for the Attorney voted, was of now-Chief Justice John General of the State of New York, including yond the 1996 election, even Senator Roberts to be a judge on the D.C. Cir- as Solicitor General of the State of New HATCH became frustrated, and in March cuit. At the time, John Roberts had York, and currently serves as General Coun- 1997 he proclaimed that the way that been Allen Snyder’s junior and his sel to the New York County District Attor- Republicans were opposing judicial partner at Hogan and Hartson. He was ney’s office. She was a partner and head of nominees was ‘‘playing politics with the first judge confirmed to the circuit the appellate practice at Weil, Gotshal and judges,’’ was ‘‘unfair’’ and that he was in six years. Manges, LLP. In addition, she has taught as ‘‘sick of it.’’ He was right. Merrick The Senate then confirmed a series of an adjunct professor at Georgetown Univer- Garland, like Caitlin Halligan, was su- sity Law Center and Columbia Law School. questionable nominees to the D.C. Cir- perbly qualified, and was only being ob- In all of these capacities, Ms. Halligan has cuit: Janice Rogers Brown, Thomas structed for partisan political gain. won accolades for her judgment, legal acu- Griffith and Brett Kavanaugh. The men, and expertise in appellate litigation, But once the blockade against Judge Garland was broken by President Clin- same Republican Senators who blocked which includes five arguments before the Su- President Clinton’s nominations from preme Court. Throughout her career, she has ton’s reelection, Senate Republicans also contributed significant pro bono serv- erected an impenetrable wall around even being considered by the Judiciary ices. the D.C. Circuit. Neither of President Committee supported every nomina- Ms. Halligan received a unanimous ‘‘Well- Clinton’s two other nominees were al- tion of President Bush’s to the D.C. Qualified’’ rating from the ABA Standing lowed a Senate vote, or even Judiciary Circuit, as they filled the ninth seat, Committee on the Federal Judiciary. She twice filled the 10th seat on the court has been endorsed by numerous organiza- Committee consideration. That esca- lation in the judge wars was untoward, and went on to fill the 11th seat that tions, including the District Attorneys Asso- they had said was unnecessary when a ciation of the State of New York, the Na- it was wrong. It hurt the court and was tional District Attorneys Association, the unfair to both Allen Snyder and Elena Democratic President was doing the New York State Association of Chiefs of Po- Kagan, President Clinton’s outstanding nominating. With the change of admin- lice, the New York State Sheriffs Associa- nominees. Allen Snyder had served as a istration, Republican Senators have tion, the New York Women in Law Enforce- clerk to Justice Rehnquist and was an now dusted off an old obstructionist ar- ment, the Women’s Bar Association of the experienced and respected litigator. gument about the D.C. Circuit’s case- District of Columbia, the National Con- load, something they ignored for eight ference of Women’s Bar Associations, the Elena Kagan went on to become Dean of the Harvard Law School and win years as President Bush’s nominees U.S. Women’s Chamber of Commerce, and were confirmed to fill the 10th seat the National Center for Women & Policing. confirmation to the United States Su- We likewise offer our strong support of Ms. preme Court. These were unquestion- twice and also the 11th judgeship. But Halligan, and urge you to support her nomi- ably qualified nominees. The fact is they have ratcheted up their partisan nation to the United States Court of Appeals that for the rest of President Clinton’s opposition and now oppose even filling for the District of Columbia Circuit. If you second term, virtually his entire sec- the ninth judgeship. With three vacan- have questions or if we can be of assistance, cies on the D.C. Circuit, that is the please contact Columbia Law School Pro- ond four years, given that Judge Gar- land had actually first been nominated judgeship that Caitlin Halligan would fessor Gillian Metzger at (212) 854–2667 or at be filling not the 11th that Senate Re- [email protected]. in his first term, Senate Republicans publicans filled just recently, or the Sincerely, would not consider another nominee to (Signed by 107 women law professors). the D.C. Circuit. They just blocked and 10th that they voted twice to fill, but Mr. LEAHY. I fear that what is be- pocket filibustered outstanding nomi- the ninth. This is not a basis on which hind this misguided filibuster attempt nees because they could. to oppose as qualified a nominee as is a continuation of a decades-long at- Republican Senators pretended to Caitlin Halligan, who has widespread tempt by some Senate Republicans to justify their refusal to proceed on support from law enforcement and the play politics with the Federal court President Clinton’s D.C. Circuit nomi- legal community. and, in particular, to engage in a rear nees not by arguing against the nomi- The so-called ‘‘caseload’’ concern is guard action to preserve the D.C. Cir- nees, but by arguing that the caseload no justification for filibustering this cuit as a Republican bastion, despite of the D.C. Circuit did not justify the nomination. The D.C. Circuit is now the fact that the American people confirmation of any more judges. They more than one-quarter vacant, with elected a Democratic President. A re- were contending that the 11th and 12th three judicial vacancies. In fact, the

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This court peatedly urged the Senate to take up that she would. When asked by Senator is often considered the second most im- and consider these nominations, which GRASSLEY whether the rights conferred portant court in the land because of are supported by home state Senators, under the Second Amendment are fun- the complex cases that it handles. The yet Republicans have refused to con- damental, Ms. Halligan answered: court reviews complicated decisions sider them for months. In fact, courts ‘‘That is clearly what the Supreme and rulemaking of many Federal agen- throughout the country are in need of Court held and I would follow that cies, and in recent years has handled more confirmed judges and more judge- precedent, Senator.’’ some of the most important terrorism ships to handle high and increasingly In her personal capacity, Ms. and enemy combatant and detention complicated caseloads, yet we cur- Halligan has never challenged or other- cases since the attacks of September rently have 25 judicial nominations fa- wise criticized the Protection of Law- 11. As noted in the recent Washington vorably reported by the Judiciary Com- ful Commerce in Arms Act (PLCAA) or Post editorial: ‘‘[Caseload numbers do] mittee awaiting final action by the been critical of the Second Amend- not take into account the complexity Senate. Republicans concerned about ment. As New York State’s Solicitor and scope of the cases that land at the caseload should join with us to con- General, she prepared an amicus brief court. They include direct appeals in- sider these nominations. at the direction of the New York Attor- volving federal regulatory decisions The Senate should not filibuster but ney General in a case where New York and national security matters, includ- should be voting to confirm the nomi- City challenged the PLCAA, seeking to ing cases stemming from the deten- nation of Caitlin Halligan to fill a va- safeguard New York’s police powers. tions at the U.S. naval base in Guanta- cancy on a critical court that is one The arguments made in the brief were namo Bay, Cuba.’’ quarter vacant with only eight active made on behalf of New York State. In The D.C. Circuit’s cases have only in- judges and higher caseloads than when the amicus brief, New York State ar- creased in importance and the court’s Republicans voted to confirm President gued that the PLCAA should be struck caseload has not gone down since Re- Bush’s nominees fill the ninth, 10th down as an unconstitutional exercise of publican Senators supported every one and 11th judgeships on this court just a Congress’s legislative power that in- of President Bush’s nominations to couple of years ago. fringed on states’ rights to exercise the that court. According to the Adminis- Some have sought to criticize Ms. police power within their borders. The trative Office of U.S. Courts, the case- Halligan for positions she advocated on amicus brief did not make a single ref- load per active judge has increased by behalf of the State of New York while erence to the Second Amendment. Any one third since 2005, when the Senate serving as its Solicitor General. At her criticism of the PLCAA in New York confirmed President Bush’s nomination confirmation hearing, Ms. Halligan State’s brief or in the speech she gave of Thomas Griffith to fill the 11th seat made clear she filed briefs under the di- as a surrogate for and on behalf of New on the D.C. Circuit. That is right—the rection of New York’s Attorney Gen- York Attorney General Spitzer re- D.C. Circuit’s caseload has actually in- eral, arguing on behalf of the State of flected New York State’s federalism creased. Judge Griffith’s confirmation New York, not based on her personal concerns. It is hardly surprising that resulted in there being approximately views. Yet some outside groups and New York State—like many other 121 pending cases per active D.C. Cir- even some Senators ignore this and states—advocated for a position that cuit judge. There are currently 161 seek to use those advocacy positions as supported state powers. pending cases for each active judge on a basis to filibuster her nomination. As Solicitor General for the State of the D.C. Circuit, one-third higher. If These arguments are particularly New York, Caitlin Halligan vigorously Ms. Halligan were confirmed to the hard to accept for anybody who under- advocated for New York’s interests, in ninth seat, there would be approxi- stands the role of advocates in our particular the right to govern in tradi- mately 143 pending cases for each ac- legal system. Our legal system is an tional state law areas. For example, in tive D.C. Circuit judge, still signifi- adversary one, predicated upon legal the Grutter v. Bollinger affirmative ac- cantly higher than after the Senate advocacy for both sides. Nominees such tion case, New York joined 20 other confirmed President Bush’s nominee to as Chief Justice John Roberts have states in arguing that they ‘‘must have the 11th seat in 2005. In addition, ac- said lawyers do not stand in the shoes the freedom and flexibility’’ to set cording to the Administrative Office of of their clients. Since when do we im- their own education policy. I assume the U.S. Courts, written decisions per pose a litmus test for nominees that that position does not raise concerns active judge have risen 20 percent since they can never have been legal advo- for those seeking a basis for opposing 2007. By any objective measure the cates? If we were to do that, we would her nomination. Nor I assume did her work of the D.C. Circuit has grown and have no judges. Almost every nominee defense as New York’s Solicitor Gen- the multiple vacancies should be filled, who had been a practicing lawyer eral of the constitutionality of the not preserved and extended for partisan would be disqualified by one side or the death penalty. purposes. other. This is especially hard to under- Indeed, Ms. Halligan’s time as Solic- Of course, if Republican Senators stand for any Senators who support the itor General shows all the hallmarks of seeking to use caseload figures to jus- rights of states to defend their inter- serious advocacy consistent with the tify their opposition to this nomina- ests in courts, the duty Caitlin interests of her ‘‘client’’. When New tion were serious, they would not be Halligan owed to New York as its So- York municipal attorneys requested continuing their refusal to consent to licitor General. advice as to whether clerks could issue the Senate considering the nomina- Some have pointed to her role as New marriage licenses to same-sex couples, tions of Morgan Christen of Alaska to York’s Solicitor General acting at the Ms. Halligan carefully analyzed New the Ninth Circuit, and Judge Adalberto direction of New York’s Attorney Gen- York’s statutory law and concluded Jordan of Florida to the Eleventh Cir- eral in tort lawsuits against gun manu- that the state legislature did not in- cuit, the two circuits with the highest facturers as suggesting that she will tend to authorize marriage licenses to number of cases per active judge. They not uphold the Second Amendment if be given to same-sex couples, even would not be doing everything they can confirmed as a judge. As a strong sup- though the statutory language is gen- to delay filling vacancies on the Ninth porter of the Second Amendment, I der neutral. After observing that this Circuit, a court burdened by multiple asked her during her hearing whether interpretation raised ‘‘constitutional vacancies and the largest caseload in as a judge she would faithfully follow questions,’’ she outlined the current

VerDate Sep 11 2014 09:48 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR11\S05DE1.000 S05DE1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18770 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 December 5, 2011 case law and stated that it was for the they began when President Obama first ance’’ in addition to her legal judgment courts to resolve the issue. This meas- took office, engaging in narrow, par- and qualifications for the D.C. Circuit. ured response is no basis on which to tisan attacks on his judicial nomina- Hollow contentions about the caseload caricature her record. tions. They seem intent on setting a of the quarter-vacant D.C. Circuit fall Most disconcerting of all are the at- new standard that could not be met by well short of any standard of ‘‘extraor- tacks from some on the outside sug- the judicial nominees of Presidents of dinary circumstances.’’ gesting that Ms. Halligan lacked can- either party. The signers of that 2005 Memorandum dor in the answers she provided to the Republican Senators who just a few of Understanding, and the Senate, dem- Judiciary Committee. I hope that we years ago protested that the filibuster onstrated what they thought that do not see any Senators repeating of any judicial nomination was uncon- agreement entailed when they pro- these baseless charges to create an- stitutional, Republican Senators who ceeded to invoke cloture on a number other false controversy. Ms. Halligan joined in a bipartisan memorandum of of controversial nominations. The Sen- has been honest and forthcoming understanding to head off the ‘‘nuclear ate invoked cloture on the nomination throughout the confirmation process, option’’ and agreed that nominees of Janice Rogers Brown to the D.C. Cir- providing the Committee with her en- should only be filibustered under ‘‘ex- cuit, the circuit to which Caitlin tire record and giving detailed, accu- traordinary circumstances,’’ aban- Halligan has been nominated. rate, and clear answers to over 150 doned all that they said they stood for As a Justice on the California Su- questions from Judiciary Committee and joined together in an attempt to preme Court, Janice Rogers Brown was members at her hearing and in written prevent an up-or-down vote on Presi- a nominee with a consistent and exten- follow-up questions on a wide range of dent Obama’s very first judicial nomi- sive record, both on the bench and off, topics, such as judicial philosophy, nee, David Hamilton. There were cer- of using her position as a member of constitutional interpretation, the tainly no ‘‘extraordinary cir- the court to put her views above the Tenth Amendment, the Second Amend- cumstances’’ to justify the Republican law. This was not a question of one ment, the Commerce Clause, the filibuster of Judge Hamilton, and sev- case or one issue on which Democrats Eighth Amendment and the death pen- eral Republican Senators joined to- differed with the nominee—I have alty, military commissions and indefi- gether with Democratic Senators in re- voted for hundreds of nominees of Re- nite detention, tort liability, Federal jecting that filibuster. I trust that publican and Democratic Presidents preemption, and standing. In my view, they will do so, again, and reject this which whom I differ on many issues. Ms. Halligan’s answers to questions unjustifiable filibuster of Caitlin But this was a nominee with views so from Committee members were de- Halligan. extreme she was opposed not just by tailed and substantive, and show an By the standard utilized in 2005 to her home state Senators, but also by impressive depth and breadth of knowl- end filibusters and vote on President more than 200 law school professors edge on complex legal issues. There is Bush’s controversial nominees, this fil- from around the Nation who wrote to no lack of record or failure to respond ibuster should be ended and the Senate the Committee expressing their opposi- as there was, unfortunately, when the should vote on the nomination. Those tion. Bush administration would not make Senators who claim to subscribe to a Her record in numerous decisions as information available to Senators in standard that prohibits filibusters of a judge showed that she was willing to connection with the nomination of judicial nominees except in ‘‘extraor- put her personal views above the law Miguel Estrada. There is no lack of dinary circumstances’’ cannot support on issue after issue, including a will- forthrightness, as there was when Brett this filibuster. There are no ‘‘extraor- ingness to roll back the clock 100 years Kavanaugh was manipulating the con- dinary circumstances’’ here. The 14 on workers’ and consumers’ rights, to firmation process as a political crony Senators who signed the Memorandum undermine clean air and clean water and insider during the Bush adminis- of Understanding in 2005, the then protections for Americans and their tration. ‘‘Gang of 14,’’ wrote about their ‘‘re- communities, laws providing affordable Those concerned with a 2004 report sponsibilities under the Advice and housing, zoning laws that protect that questioned the indefinite deten- Consent Clause of the United States homeowners, and protections against tion of enemy combatants issued by Constitution’’ and that fulfilling their sexual harassment, race discrimina- the Association of the Bar of the City constitutional responsibilities in good tion, employment discrimination, and of New York’s Committee on Federal faith meant that nominations ‘‘ should age discrimination. In fact, while serv- Courts at a time when she served on only be filibustered under extraor- ing on the California Supreme Court, the Committee continue to ignore Ms. dinary circumstance.’’ Here there are Justice Brown had argued that Social Halligan’s repeated testimony that she none. Security is unconstitutional, a position had no role in preparing the report, In 2005, Senator GRAHAM, a member clearly at odds with well established that she was not aware of the report of the ‘‘Gang of 14’’ described his view law. She went so far as to say ‘‘today’s until preparing for her nomination and of what comprises the ‘‘extraordinary senior citizens blithely cannibalize that report ‘‘does not reflect [her] circumstances’’ justifying a filibuster. their grandchildren.’’ views.’’ At no time during Ms. He said: ‘‘Ideological attacks are not Despite her ideological extremism Halligan’s hearing or in the Commit- an ‘extraordinary circumstance.’ To and willingness to implement her rad- tee’s consideration of her nomination me, it would have to be a character ical personal views as a judge without did any Senator question Ms. problem, an ethics problem, so allega- regard to the existing law, she was con- Halligan’s candor or thoroughness in tions about the qualifications of a per- firmed to the D.C. Circuit, her nomina- answering questions. I hope that no son, not an ideological bent.’’ Caitlin tion judged not to present ‘‘extraor- Senator does so now to attempt to jus- Halligan has no ‘‘character problem,’’ dinary circumstances’’ supporting a fil- tify this unjustifiable filibuster. no ‘‘ethics problem,’’ and there is no ibuster. There is no justification under Given Caitlin Halligan’s impeccable justification for this filibuster. Caitlin the standard applied to the nomination credentials and widespread support, Halligan is a superbly qualified nomi- of Janice Rogers Brown for a filibuster this should be the kind of consensus nee whose personal integrity, tempera- of the nomination of Caitlin Halligan, nomination supported by Senators of ment and abilities have been attested a widely respected nominee with a both parties who seek to ensure that to by lawyers and judges from both clear devotion to the rule of law and no the Federal bench continues to attract sides of the aisle. The many leading record of ideological extremism. the best and brightest. Certainly, her lawyers who have worked with Ms. Under the Gang of 14’s Memorandum nomination should not be subject to a Halligan, law enforcement officials and of Understanding, the Senate also filibuster. Regrettably, however, the organizations supporting her nomina- agreed to invoke cloture on the nomi- Senate’s Republican leadership seems tion have all attested to Ms. Halligan’s nation of Priscilla Owen to the Fifth intent on continuing with the practices ‘‘temperament,’’ ‘‘fairness’’ and ‘‘bal- Circuit, a nominee whose rulings on

VerDate Sep 11 2014 09:48 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR11\S05DE1.000 S05DE1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD December 5, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18771 the Texas Supreme Court were so ex- That is what they did. From them I Mr. GRASSLEY. Mr. President, treme they drew the condemnation of chose Dana Christensen, and the panel today the Senate is expected to con- other conservative judges on that unanimously and enthusiastically rec- firm four additional judicial nominees. court. Alberto Gonzales, President ommended the nomination of Dana With these votes, we will have con- Bush’s White House counsel and later Christensen. I was proud to pass this firmed 61 article III nominees this Con- his Attorney General, went so far as to recommendation on to the President. gress. describe one of her opinions as advo- Dana is a fourth generation Mon- I want to note that in the first ses- cating ‘‘an unconscionable act of judi- tanan, raised in Missoula, MT. He grad- sion of the 112th Congress we have now cial activism.’’ Her nomination was de- uated from Stanford University in 1973, confirmed more nominees than during termined not to present ‘‘extraordinary received his law degree from the Uni- the entire 111th Congress. So I think circumstances.’’ versity of Montana Law School in 1976. we can declare real progress. Over 72 Neither was the nomination of Thom- Dana started his legal career at the percent of President Obama’s judicial as Griffith to the D.C. Circuit, despite Billings, MT, law firm of Moulton, nominees have been confirmed. his decision to practice law without a Belingham, Longo & Mather, and then Despite this record of confirmations, license for a good part of his career, moved to Kalispell in 1981 to join the we continue to hear complaints about which I felt should be disqualifying. law firm of Murphy, Robinson, the way this President’s nominees are Yet his nomination was not judged to Heckathorn & Phillips. In 1998, Dana being treated. So I point out that in present ‘‘extraordinary circumstances’’ and two of his partners formed a new only six sessions of Congress in the last and he was confirmed to fill the 11th firm in Kalispell, MT, which has be- 30 years have more nominees been con- seat on the D.C. Circuit. There is no come one of the leading firms in Mon- firmed in a single session. Further- question under the standard Repub- tana for civil defense, business law, more, given the cooperation we have licans applied to the nomination of real estate, and estate planning. Dana shown, I am disappointed that the Sen- Thomas Griffith, Caitlin Halligan has tried more than 50 trials in State ate majority wants to turn to a con- should be confirmed to fill the ninth and Federal courts. He has an active troversial nomination next rather than judgeship on that court. mediation and arbitration practice. continue on the path of cooperative I urge Republican and Democratic Outside of the office, Dana has been an confirmations. Senators to come together and end this active member of his community: a The Senate majority leader has misguided filibuster of Caitlin member of the board of directors of his scheduled a cloture vote for tomorrow Halligan’s nomination to the D.C. Cir- local chamber of commerce, a member on the nomination of Caitlin Halligan cuit. There is no basis under any stand- of the University of Montana School of to be U.S. Circuit Judge for the Dis- ard for blocking her nomination from Law board of visitors, and a member of trict of Columbia Circuit. I will speak having an up-or-down vote. To the con- the faculty of the University of Mon- more about the merits of that nomina- trary, Caitlin Halligan’s impeccable tana Advanced Trial Advocacy Pro- tion Tuesday. But I wanted to put that credentials and record as an accom- gram. vote in some context. Over the past 35 years, Dana has com- plished advocate make her nomination It seems to me that the scheduling of manded the respect of his colleagues worthy of bipartisan support. I look such a controversial vote in the closing across the State of Montana and else- forward to ending this filibuster and days of a session of Congress is de- where. Dana has received the highest voting to confirm Caitlin Halligan to signed to simply heat up the partisan- rankings from peer review organiza- ship of judicial nominations. Perhaps the D.C. Circuit. tions, Chambers USA and Super Law- Mr. President, I suggest the absence that is the objective. The result may yers. He is also a member of the selec- of a quorum but ask unanimous con- well be that such a divisive vote might tive American Board of Trial Advo- sent that the time be equally divided. have a chilling effect on reaching cates and the American College of The PRESIDING OFFICER. Without agreement on additional judicial nomi- Trial Lawyers. objection, it is so ordered. Upon his nomination in May, Mon- nation votes. I hope that is not the The clerk will call the roll. tana’s legal community lent their case. But everyone knows the final The legislative clerk proceeded to strong support for Dana’s selection. weeks of a session are often filled with call the roll. U.S. District Judge Richard Cebull, unpredictable actions and outcomes. Mr. BAUCUS. Mr. President, I ask who was appointed by President George With regard to the vote tomorrow, unanimous consent that the order for Bush in 2001, said: there will be some who say this nomi- the quorum call be rescinded. nation has been vacant for too long and I do not think there is a better prospect in The PRESIDING OFFICER. Without the whole State. that this nominee is being treated un- objection, it is so ordered. U.S. District Judge Sam Haddon, also fairly, needlessly waiting on the cal- Mr. BAUCUS. Mr. President, Henry appointed by President Bush, echoed endar for too many weeks. Well, such Clay once said: his colleague. Judge Haddon said: arguments fail to consider the history Of all the properties which belong to hon- of this particular seat of the DC Circuit He’s a good lawyer, a good man, and in my orable men, not one is so highly priced as opinion, ethically totally qualified. The dis- and of the record established by my that of character. trict will be well served by him. colleagues on the other side regarding It is my distinct privilege to rise I have gotten to know Dana over the the consideration of nominations for today to speak on a nominee that pos- past several decades. I could not agree this very same DC Circuit. sesses such character, Dana more with Judge Sebold and Judge This seat has been vacant for over 6 Christensen. The Senate will soon take Haddon. Dana embodies those qualities years. It became vacant upon the ele- up Dana’s nomination for U.S. district that Montana and America need on the vation of John Roberts as Chief Jus- judge for the District of Montana. To Federal bench: intellect, extensive ex- tice. That was back in September 2005. ensure the most ethical and qualified perience in the courtroom, commit- Following Justice Robert’s appoint- attorney was appointed as district ment to public service, integrity, and ment, Peter Keisler was nominated to judge, I created an advisory selection respect for precedent and the rule of fill the vacancy in June 2006, with a panel made up of five Montana lawyers law. hearing held August 1, 2006. with diverse legal backgrounds from I congratulate Dana, his wife Steph- With a Republican majority in the across our State and across party lines. anie, and his wonderful children, Cas- 109th Congress, one would wonder why I said to them: You just get me the sidy and Ben, on this extraordinary he never made it out of committee. best, the four or five best people I can achievement. I urge my colleagues to Well, it is not that he did not have the choose from. I do not care if they are join me in supporting his nomination. votes in committee. The fact is, the Republicans or Democrats or liberals I yield the floor. Democratic minority would not allow a or conservatives, you just get me the The PRESIDING OFFICER. The Sen- vote. This was accomplished by holding very best qualified. ator from Iowa. him over at his first markup, which the

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In June 2000, he was BAUCUS just spoke about, Dana L. made sure the committee did not have promoted to Deputy Chief of the Nar- Christensen, to be U.S. District Judge a quorum so we could not vote or they cotics Section, where he supervised as- for the District of Montana. took the extraordinary step of invok- sistant U.S. attorneys prosecuting Mr. Christensen earned his B.A. from ing the 2-hour rule so the committee international narcotics trafficking and Stanford University in 1973 and his J.D. could not meet. I note that a quorum racketeering cases. from the University of Montana School was present early in one meeting but In 2002, the nominee joined the law of Law in 1976. evaporated when Mr. Keisler’s nomina- firm of Day, Berry & Howard LLP, Earlier in his legal career, Mr. tion was the pending business. So basi- predecessor to the firm Day Pitney Christensen practiced natural re- cally the opponents ran out the clock LLP, as a partner in the government sources law, representing coal mining on this nomination. He did not get a investigations practice group. Cur- and oil and gas companies in litigation committee vote. He did not get the rently, he represents corporations and in administrative matters. He went on courtesy of floor consideration, not individuals in connection with crimi- to practice general insurance defense even a cloture vote like the nominee nal and regulatory investigations in- litigation and medical malpractice tomorrow will have. volving antitrust, bank fraud, public cases. Mr. Keisler was renominated in June corruption, securities fraud, and gov- In 1996, he founded his own firm and 2007 when the Democrats assumed con- ernment program fraud. continues to represent these entities trol of the Senate. But his nomination The American Bar Association’s and practices in this area. He has also sat in committee with no action until Standing Committee on the Federal represented defendants in large class- it was returned to the President in Judiciary has rated Mr. Ramos with a action lawsuits filed in the U.S. Dis- January 2009. He was the recipient of a unanimous ‘‘well qualified’’ rating. trict Court for the District of Montana. pocket filibuster. This was despite We are also considering the nomina- In addition to his litigation prac- being rated ‘‘unanimously well quali- tion of Judge Andrew L. Carter to be tices, Mr. Christensen has also rep- fied’’ by the ABA Standing Committee U.S. District judge, Southern District resented at least 15 physicians in con- of the Federal judiciary and possessing of New York. Judge Carter earned his fidential disciplinary matters before outstanding qualifications to fill this B.A. from the University of Texas in the Montana Board of Medical Exam- position. So complaints about this seat 1991 and his J.D. from Harvard Law iners. He has also represented health being vacant for too long just ring hol- School in 1994. care providers in more than 200 mat- low with this Senator. Judge Carter’s legal career began in ters before the Montana Medical Legal Likewise, when one considers the 1996 as a staff attorney for the criminal Panel. treatment of previous nominees to the defense division, Legal Aid Society, in The American Bar Association’s DC Circuit, it is evident that the nomi- New York, NY. In 2000, he became staff Standing Committee on the Federal nation of Ms. Halligan is not being attorney for the Federal defenders divi- Judiciary has rated Mr. Christensen treated in an unfair manner. In fact, sion. The nominee became affiliated with a unanimous ‘‘well qualified’’ rat- her nomination is proceeding far better with the Federal Defenders of New than many nominated to this court. I ing. York in 2005, first as staff attorney I intend to vote for all these can- would remind my colleagues that pre- and, 1 year later, as a supervising at- vious nominees were subjected to delay didates. I urge my colleagues to do the or multiple hearings, to extensive torney. His Federal practice included same. delays in committee, and to multiple drug cases, gun cases, and immigration I yield the floor and suggest the ab- filibusters on the Senate floor. fraud. sence of a quorum. These include the nomination of In 2009, Judge Carter was appointed The PRESIDING OFFICER. The Estrada, a Hispanic immigrant with a to his current position of U.S. mag- clerk will call the roll. compelling personal story and out- istrate judge for the Eastern District of The assistant legislative clerk pro- standing judicial qualifications, who New York, where he is primarily re- ceeded to call the roll. was subject to seven cloture votes; sponsible for handling civil matters. Mr. CASEY. Mr. President, I ask Janice Brown, an African-American fe- The American Bar Association’s unanimous consent that the order for male who had two cloture votes; Brett Standing Committee on the Federal the quorum call be rescinded. Kavanaugh; and Thomas Griffin. While Judiciary has rated Judge Carter with The PRESIDING OFFICER. Without all of these individuals were eventually a unanimous ‘‘qualified’’ rating. objection, it is so ordered. confirmed, the procedural tactics used The third nominee we are considering Mr. CASEY. Mr. President, I ask in their nominations made the con- is James Rodney Gilstrap to be a dis- unanimous consent to speak as in firmations very difficult. trict judge for the Eastern District of morning business. I am not suggesting this is a pattern Texas, a seat deemed to be a judicial The PRESIDING OFFICER. Without to follow, but it is relevant to the argu- emergency. Mr. Gilstrap received his objection, it is so ordered. ments that Ms. Halligan is being treat- B.A. from Baylor in 1978 and his J.D. (The remarks of Mr. CASEY per- ed quite differently or in an unfair from Baylor University School of Law taining to the introduction of S. 1944 manner than other nominees. 1981. are located in today’s RECORD under With regard to the nomination before Mr. Gilstrap served as an associate ‘‘Statements on Introduced Bills and us today, I will say a few words about, attorney for Abney, Baldwin & Searcy Joint Resolutions.’’) first, Mr. Ramos, who is nominated to from 1981 to 1984. In 1984, he left to Mr. CASEY. Mr. President, I yield be U.S. District Judge for the Eastern begin his own legal practice, Smith & the floor and suggest the absence of a District of New York. Mr. Ramos Gilstrap, where he currently practices quorum. earned a BA from Yale in 1982; JD Har- representing individuals, corporations, The PRESIDING OFFICER. The vard, 1987. Upon graduation from law and local governments on civil mat- clerk will call the roll. school, Mr. Ramos worked as an asso- ters. The assistant legislative clerk pro- ciate at the law firm of Simpson, From 1989 to 2002, Mr. Gilstrap served ceeded to call the roll. Thatcher & Bartlett in New York City. as a county judge for Harrison County, Mrs. GILLIBRAND. Mr. President, I In 1992, Mr. Ramos joined the Office where he had both administrative and ask unanimous consent that the order of the U.S. Attorney for the Eastern judicial responsibilities. for the quorum call be rescinded.

VerDate Sep 11 2014 09:48 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR11\S05DE1.000 S05DE1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD December 5, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18773 The PRESIDING OFFICER. Without Women have been woefully underrep- community will be a tremendous asset objection, it is so ordered. resented by the DC Circuit, often char- to the Marshall bench. Mrs. GILLIBRAND. Mr. President, I acterized as the second most important I join his family in congratulating am proud to support Caitlin Halligan’s court in our entire Nation. Only 5 of him on all his outstanding accomplish- nomination to the U.S. Court of Ap- the 57 judges serving throughout the ments: his wife Sherry Sullivan peals for the DC Circuit. history of the DC Circuit have been Gilstrap, his daughter Lauren, who is Caitlin Halligan’s impeccable career women. Ninety-one percent of the continuing her medical studies at Har- spans public and private practice, simi- judges on this court throughout its 41- vard Medical School, and his son Ste- lar to that of John Roberts when he year history have been men. phen, who graduated from Yale Law was confirmed unanimously to the DC If we continue down this road of fili- School this year. Circuit. Ms. Halligan served as solic- bustering nominees simply because I am pleased to recommend his con- itor general of New York, a leading ap- their nomination originates across the firmation to my colleagues.∑ pellate lawyer at Weil, Gotshal & aisle, we will establish an impossible NOMINATION OF CAITLIN HALLIGAN Manges, and currently as general coun- standard that no nominee could or Mrs. FEINSTEIN. Mr. President, I sel at the New York County district at- would ever meet. rise to speak on the nomination of torney’s office, which investigates and Caitlin deserves an up-or-down vote, Caitlin Halligan to be U.S. Circuit prosecutes 100,000 criminal cases annu- just as the Republicans advocated for Judge for the D.C. Circuit Court of Ap- ally. their past judicial nominees. The bot- peals. She clerked for Supreme Court Jus- tom line is that there is no credible op- As the first woman to serve on the tice Breyer and Judge Patricia Wald on position to her nomination or her con- Senate Judiciary Committee—a com- the DC Circuit. The ABA’s Standing firmation. Caitlin Halligan has distin- mittee on which I have served for 18 Committee on the Federal Judiciary guished herself throughout her career. years—it is my great pleasure to speak unanimously rated Ms. Halligan ‘‘well She has established a commitment to in support of Ms. Halligan, who has ex- qualified’’ to serve on the DC Circuit. fairness, reasoned intellect, steadfast Ms. Halligan has support from across celled at every turn during her distin- integrity, and profound respect for the the political spectrum, including guished legal career. law. Miguel Estrada, Carter Phillips, and of- She graduated cum laude from I look forward to supporting Caitlin Princeton University in 1988. She re- ficials in Democratic and Republican Halligan’s confirmation to the U.S. administrations. Twenty-three former ceived her law degree, magna cum Court of Appeals for the District of Co- laude, from Georgetown University U.S. Supreme Court clerks, the Na- lumbia, and I urge my fellow col- tional District Attorneys Association, Law Center, where she was managing leagues to support her nomination. the National Conference of Women’s editor of the Georgetown Law Journal NOMINATION OF JAMES RODNEY GILSTRAP and inducted into the Order of the Coif. Bar Associations, and the U.S. Wom- ∑ en’s Chamber of Commerce are sup- Mrs. HUTCHISON. Mr. President, I She began her legal career with a porting her nomination. am pleased today to support the nomi- clerkship with Judge Patricia Wald on New York City police commissioner nation of Mr. James Rodney Gilstrap the U.S. Court of Appeals for the D.C. Ray Kelly has said Ms. Halligan has to serve as a Federal district judge for Circuit—the first woman to serve on three qualities that are important for a the Eastern District of Texas in Mar- that Court. nominee—intelligence, judicial tem- shall, TX. She then spent a year in private perament, and personal integrity. Mr. Gilstrap attended Baylor Univer- practice at the Washington, DC firm, Unfortunately, it appears some of my sity where he graduated magna cum Wiley, Rein, and Fielding, followed by colleagues are determined to criticize laude with a bachelor of arts degree in a clerkship with Supreme Court Jus- Caitlin Halligan regardless of the facts. religion. Following his graduation, Mr. tice Stephen Breyer. One of the criticisms of Ms. Halligan Gilstrap continued his studies at After another year in private prac- is positions she advocated for while Baylor University Law School, where tice, Ms. Halligan began work in the of- serving as solicitor general. She filed he served as associate editor of the fice of the Attorney General of the briefs at the direction of New York’s Baylor Law Review and received his State of New York, first as Chief of the attorney general and argued on behalf juris doctor in 1981. Internet Bureau. of the State. That was her job. She was Mr. Gilstrap began his professional She rose to become Solicitor General not promoting her personal views. career in Marshall, TX, where he still of the State of New York, the State’s Ms. Halligan testified she would resides today. In August of 1989, Mr. top appellate lawyer. She served in faithfully follow and apply the Su- Gilstrap was appointed county judge of that role from 2001 through 2007. preme Court’s precedent from Heller Harrison County and was then elected During nearly all of Ms. Halligan’s and McDonald. When asked whether to the same position for the next three time as Solicitor General, George the rights conferred under the second terms. In 2002, he retired as a county Pataki—a Republican—was Governor. amendment are fundamental, she an- judge and returned to private practice Her job was to represent the State of swered: ‘‘That is clearly what the Su- at Smith & Gilstrap, where he still New York zealously, and by all ac- preme Court held, and I would follow practices today. counts she did so with skill and dig- that precedent.’’ Mr. Gilstrap has earned the respect nity. Let me also address the workload and esteem of the legal community he Judith Kaye, the former Chief Judge concerns brought up by some of my fel- has served and his professional creden- of New York’s highest court, writes on low Senators. There are currently only tials will continue the strong history behalf of the Court’s entire bench that eight active judges on the DC Circuit, of the Federal bench in Texas. ‘‘it was invariably a treat’’ to have Ms. making it one-quarter vacant. Miss Mr. Gilstrap’s impressive career is Halligan argue before the Court. Halligan has been nominated to fill the complemented by his dedication to his In fact, the National Association of ninth seat—one of three current vacan- community. In addition to serving for Attorneys General awarded Ms. cies on the court. The Senate con- years as county judge, Mr. Gilstrap has Halligan the ‘‘Best Brief Award’’ for firmed four of President Bush’s nomi- served on the board for the Harrison five consecutive years, 2001, 2002, 2003, nees for the DC Circuit; however, the County Historical Society, the United 2004, and 2005. court’s caseload is higher now than it Way for Harrison County, and the Trin- Ms. Halligan left the Solicitor Gen- was when President Bush’s nominees ity Episcopal Day School. He also eral post in 2007 to become the head of were confirmed. If Ms. Halligan was served for 16 years on the Courthouse the appellate practice at the pres- confirmed today, it would reduce the Preservation Council to help with the tigious New York law firm, Weil, caseload from its current level of 161 renovation of the Marshall courthouse Gotshal, and Manges. cases to approximately 143 cases per that was completed in 2009. Mr. She has now returned to public serv- judge. Gilstrap’s passion for his work and his ice as the General Counsel of the New

VerDate Sep 11 2014 09:48 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR11\S05DE1.000 S05DE1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18774 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 December 5, 2011 York County District Attorney’s Of- on the Court twice, and the 11th seat all of their peers, and who have ap- fice—one of the largest prosecutor’s of- once. proached the law with respect and hu- fices in the country. I will conclude by simply saying that mility. Over the course of her distinguished Ms. Halligan is a woman with sterling And, both increase the diversity of a career, Halligan has served as counsel credentials, an exemplary record, and a bench that serves one of the most di- for a party or amicus in the Supreme wealth of experience. verse populations in the country. I Court more than 45 times. She is President Obama’s first and have always said that, all other things She has argued in the Supreme Court only nominee to the D.C. Circuit. She being equal, diversity of backgrounds, herself in five cases, most recently in should be confirmed. experience, and ethnicity is an impor- March of this year. She also has argued NOMINATIONS OF EDGARDO RAMOS AND ANDREW tant consideration for federal judges. or participated in numerous other CARTER, SDNY So, I am pleased to have recommended cases before State and Federal appel- Mr. SCHUMER. Mr. President, today two nominees to the federal bench who late courts, including the New York I rise to support two outstanding nomi- are outstanding in every way. Court of Appeals and the U.S. Court of nees to the federal bench in the South- The bench of the Southern District of Appeals for the Second Circuit. ern District of New York. New York has been one of the hardest In short, Ms. Halligan is an accom- Over the years, I have had the great hit by judicial vacancies—currently, 21 plished woman whose sterling quali- good fortune to support many out- percent of its seats are open. With the fications for the bench are unassail- standing candidates to the federal addition of Edgardo Ramos and Judge able. bench. Andrew Carter, this important court Ms. Halligan was first nominated Rarely, however, have I come across will be closer to firing on all cylinders. more than 14 months ago. She was ap- two nominees who are as qualified, in I look forward, with all New Yorkers, proved by the Senate Judiciary Com- every possible way, to be federal judges to their joining the bench. mittee nearly 9 months ago. She has as Edgardo Ramos and Judge Andrew Mr. President, I suggest the absence been waiting for an up-or-down vote on Carter. of a quorum. the floor ever since. Ramos is the quintessential example The PRESIDING OFFICER. The It is an unfortunate sign of the times of the American dream—he was born in clerk will call the roll. that my colleagues on the other side Puerto Rico and was 1 of 7 children The assistant editor of the Daily Di- have held up her confirmation. raised by a single mother in Newark, gest proceeded to call the roll. I understand that the National Rifle NJ. He excelled in school, earning his Mr. LEAHY. Mr. President, I ask Association is opposed to Ms. bachelor’s degree from Yale and his law unanimous consent that the order for Halligan’s confirmation. degree from Harvard. the quorum call be rescinded. Behind the NRA’s opposition is the After graduating, he was an associate The PRESIDING OFFICER. Without fact that, while she was New York’s at the New York firm Simpson, objection, it is so ordered. Solicitor General, the State of New Thatcher & Bartlett, and then served Mr. LEAHY. Mr. President, we are York pursued public nuisance litiga- for 10 years as an Assistant U.S. Attor- soon going to a rollcall vote on tion against gun manufacturers. ney in the Eastern District of New Edgardo Ramos, of Connecticut, to be Think about that—any time a person York, including as Deputy Chief of the U.S. district judge for the Southern represents a State or local government, Narcotics Section. Since 2002, he has District of New York. We also have or the Federal Government, and takes been a partner in the New York law three others on here: Andrew L. Carter, a controversial position, that may firm Day Pitney. Ramos has earned an Jr., of New York, to be U.S. district jeopardize a later confirmation vote. outstanding reputation among his fel- judge for the Southern District of New That is not fair. A government law- low lawyers, prosecutors, and judges York; James Rodney Gilstrap, of yer’s job is to pursue the government’s and in the Hispanic community. I have Texas, to be U.S. district judge for the interest vigorously and to do justice. complete confidence that he will make Eastern District of Texas; and Dana L. Ms. Halligan was appointed by the an excellent judge. Christensen, of Montana, to be U.S. Attorney General to represent the Magistrate Judge Andrew Carter was district judge for the District of Mon- State of New York, while the State had born in Albany, GA and he came to tana. a Republican Governor, George Pataki. New York after graduating from the I ask unanimous consent that fol- Her job was to advance New York’s in- University of Texas at Austin and Har- lowing the rollcall vote for Edgardo terest, and she did so with vigor. She vard Law School. After law school, he Ramos, Andrew L. Carter, Jr., James should not be penalized for it. worked for two years at the Ford Foun- Rodney Gilstrap, and Dana L. Senator SESSIONS made this point dation and became a public defender in Christensen be considered by voice when the Senate was considering Judge New York courts, both state and fed- vote. Kavanaugh’s nomination. He said that eral. He spent nine years at the New The PRESIDING OFFICER. Is there ‘‘[s]uggesting that service in an elec- York office of the Legal Aid Society, objection? tive branch of Government somehow and then four years at the Federal De- Without objection, it is so ordered. tarnishes a lawyer’s reputation would fenders of New York. Mr. LEAHY. Mr. President, what is be a terrible message for this body to Since 2009, he has served as a United the regular order? send to the legal community and to all States magistrate judge in the Eastern The PRESIDING OFFICER. The citizens.’’ District of New York, a position for Ramos nomination. I couldn’t agree more. which he was selected by a vote of the The question is, Will the Senate ad- My Republican colleagues might also sitting district judges. And that is ter- vise and consent to the nomination of say that the D.C. Circuit’s caseload rific training to be a Federal judge. Edgardo Ramos, of Connecticut, to be does not support another judge, but Judge Carter is widely respected as a United States District Judge for the they have short memories. fair and mild-mannered magistrate Southern District of New York? There are now three vacancies on the judge who understands the courtroom Mr. LEAHY. I ask for the yeas and D.C. Circuit. That means that Ms. and the needs of litigants. nays. Halligan would only fill the ninth seat, Both Ramos and Judge Carter em- The PRESIDING OFFICER. Is there a out of 11 on the Court. Two seats would body the three criteria that I look for sufficient second? remain vacant. in a federal judge—excellence, modera- There is a sufficient second. However, my colleagues were not so tion, and diversity. The clerk will call the roll. concerned about this issue when Presi- Both have consistently risen to the The assistant editor of the Daily Di- dent Bush’s appointees were before the top, academically and professionally. gest called the roll. Senate. In fact, my Republican col- Both are entirely non-ideological— Mr. DURBIN. I announce that the leagues supported filling the 10th seat they are lawyers who are respected by Senator from Iowa (Mr. HARKIN), the

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Senator from Louisiana (Ms. LAN- The PRESIDING OFFICER. Under collections from their homes, class- DRIEU), the Senator from Oregon (Mr. the previous order, the motions to re- rooms, and others venues. MERKLEY) and the Senator from West consider are considered made and laid It is also important to note that Dr. Virginia (Mr. ROCKEFELLER) are nec- upon the table, and the President will Bulger and her colleagues have pro- essarily absent. be immediately notified of the Senate’s vided advice and support to struggling Mr. KYL. The following Senators are action. cultural programs during these dif- ficult economic times. In my home necessarily absent: the Senator from f South Carolina (Mr. DEMINT), the Sen- State, for example, the center has ator from Wyoming (Mr. ENZI), the LEGISLATIVE SESSION served the Western Folklife Center in Senator from Texas (Mrs. HUTCHISON), The PRESIDING OFFICER. The Sen- Elko as well as the Nevada Humanities. the Senator from Indiana (Mr. LUGAR), ate will now resume legislative session. The assistance to Nevada’s arts and the Senator from Florida (Mr. RUBIO), cultural organizations has been invalu- f the Senator from Louisiana (Mr. VIT- able as my State has weathered the TER) and the Senator from Mississippi MORNING BUSINESS economic recession. (Mr. WICKER). I am proud to recognize Peggy Bulg- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER (Mr. er, and I appreciate her important con- imous consent that the Senate now MENENDEZ). Are there any other Sen- tributions to the American Folklife proceed to a period of morning busi- ators in the Chamber desiring to vote? Center. I know I speak for the Senate ness, with Senators permitted to speak The result was announced—yeas 89, when we wish you the best in your fu- for up to 10 minutes each. nays 0, as follows: ture endeavors. The PRESIDING OFFICER. Without f [Rollcall Vote No. 221 Ex.] objection, it is so ordered. YEAS—89 DEFENSE AUTHORIZATION f Akaka Feinstein Mikulski SECTION 647 Alexander Franken Moran TRIBUTE TO PEGGY BULGER Mr. KOHL. Mr. President, I under- Ayotte Gillibrand Murkowski Barrasso Graham Murray Mr. REID. Mr. President, Dr. Peggy stand there has been some confusion Baucus Grassley Nelson (NE) A. Bulger will retire at the end of De- about the application of section 647 of Begich Hagan Nelson (FL) the National Defense Authorization Bennet Hatch cember after more than 12 years of Paul Act for Fiscal Year 2008, which is codi- Bingaman Heller Portman service to the Library of Congress. As Blumenthal Hoeven Pryor the Director of the Library’s American fied in 10 U.S.C. 12731(f). This law re- Blunt Inhofe Reed duces the eligibility age for retired pay Boozman Inouye Folklife Center, Dr. Bulger has worked Reid for non-regular service, to provide a Boxer Isakson to preserve our Nation’s history for fu- Risch Brown (MA) Johanns benefit to Reserve component members Roberts ture generations. Brown (OH) Johnson (SD) called to Active Duty in support of a Sanders Dr. Bulger began her service as Di- Burr Johnson (WI) contingency operation. Mr. President, Cantwell Kerry Schumer rector of the American Folklife Center Cardin Kirk Sessions in 1999. She is the second person to 10 U.S.C. 101(a)(13)(B) defines contin- Shaheen Carper Klobuchar hold the position since the Folklife gency operation to include section 688 Casey Kohl Shelby relating to the ordering of retired Snowe Center was established in 1976. The Chambliss Kyl members to Active Duty but does not Coats Lautenberg Stabenow American Folklife Preservation Act Coburn Leahy Tester states ‘‘that the diversity inherent in include section 688a, added in response Thune Cochran Lee American folklife has contributed to 9/11 and relating to the ordering to Collins Levin Toomey greatly to the cultural richness of the Active Duty of retired members in Conrad Lieberman Udall (CO) high-demand, low-density assignments. Coons Manchin Udall (NM) Nation and has fostered a sense of indi- I filed an amendment to resolve this Corker McCain Warner viduality and identity among the Cornyn McCaskill Webb inconsistency by including mobiliza- American people.’’ I couldn’t agree Crapo McConnell Whitehouse tions under section 688a to qualify for more. Dr. Bulger has worked to pre- Durbin Menendez Wyden earlier receipt of Reserve retired pay serve the unique nature of American NOT VOTING—11 under 10 U.S.C. 12731(f). However, I folklife for future generations. DeMint Landrieu Rubio would withdraw my amendment if we During her tenure, the center’s ar- Enzi Lugar Vitter can clarify that the provisions of 10 chive has tripled. With more than 5 Harkin Merkley Wicker U.S.C. 12731(f) should include mobiliza- Hutchison Rockefeller million items, it is the largest ethno- tions under 10 U.S.C. 688a. The nomination was confirmed. graphic archive in the United States I ask the chairman of the Armed The PRESIDING OFFICER. Under and possibly the largest in the world. Services Committee whether he under- the previous order, the question is, Will The collection is a treasure trove of stands that Reserve retirees recalled to the Senate advise and consent to the American creativity that is reflected Active Duty in support of a contin- nomination of Andrew L. Carter, Jr., of through music, stories, crafts, dances, gency operation should qualify for ear- New York, to be United States District foodways, and other forms of tradi- lier receipt of reserve retired pay under Judge for the Southern District of New tional expression. section 12731(f). York? I am particularly proud that under Mr. LEVIN. I agree that the authori- The nomination was confirmed. her leadership the Folklife Center de- ties allowing for earlier receipt of Re- The PRESIDING OFFICER. Under veloped and expanded the Veterans His- serve retired pay should apply to mem- the previous order, the question is, Will tory Project. The project contains bers of the retired Reserve called to the Senate advise and consent to the more than 78,000 pieces of war-time Active Duty in support of a contin- nomination of James Rodney Gilstrap, memories and experiences from Ameri- gency operation to the same extent it of Texas, to be United States District cans across our country. The Veterans applies to other members of the re- Judge for the Eastern District of History Project has become the largest serves. Texas? oral history project in our Nation’s his- Mr. KOHL. I agree with the chair- The nomination was confirmed. tory, and it will all be preserved for man. The PRESIDING OFFICER. Under generations at the Library of Congress. f the previous order, the question is, Will The Folklife Center also uses the lat- the Senate advise and consent to the est technology to share its holdings via TRIBUTE TO FREDERICK M. nomination of Dana L. Christensen, of online presentations, as well as KAISER Montana, to be United States District through webcasts and social media. As Mr. AKAKA. Mr. President, I rise Judge for the District of Montana? a result, students in Nevada and other today to recognize Frederick M. Kai- The nomination was confirmed. States can access the Folklife Center’s ser, who retired from the Congressional

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