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CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18763 EXECUTIVE SESSION Southern District of New York

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CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18763 EXECUTIVE SESSION Southern District of New York 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.
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