December 21, 2012 CONGRESSIONAL RECORD — SENATE S8375 835, 877; that the nominations be con- our Federal courts remain available to months ago to a vacancy on the Fed- firmed en bloc; the motions to recon- provide a fair hearing for all Ameri- eral Circuit by voice vote and faces no sider be considered made and laid upon cans. Nominations to fill these critical Republican opposition. This also ap- the table, with no intervening action positions, whether made by a Demo- plies to William Kayatta of Maine, who or debate; that no further motions be cratic or Republican President, have was reported nearly eight months ago in order to any of the nominations; always been considered with deference and has the support of his two home that any related statements be printed to the home State Senators who know State Republican Senators. in the RECORD; and that the President the nominees and their States best, It makes no sense for Senate Repub- be immediately notified of the Senate’s and have been confirmed quickly with licans to continue filibustering these action. that support. Never before in the 37 nominations, but it fits with their The PRESIDING OFFICER. Without years I have been in the Senate have I track record over the last 4 years. Sen- objection, it is so ordered. seen anything like what has happened ate Republicans used to insist that the The nominations considered and con- in the last 4 years. Never before in the filibustering of judicial nominations firmed en bloc are as follows: Senate’s history have we seen district was unconstitutional. The Constitution THE JUDICIARY court nominees blocked for months and has not changed but as soon as Presi- dent Obama was elected they reversed Matthew W. Brann, of Pennsylvania, to be opposed for no good reason. Many are United States District Judge for the Middle needlessly stalled and then confirmed course and filibustered President District of Pennsylvania. virtually unanimously with no expla- Obama’s very first judicial nomination. Malachy Edward Mannion, of Pennsyl- nation for the obstruction. Senate Re- Judge David Hamilton of Indiana was a vania, to be United States District Judge for publicans have politicized even these widely-respected 15–year veteran of the the Middle District of Pennsylvania. traditionally non-partisan positions. Federal bench nominated to the Sev- Jon S. Tigar, of California, to be United This is harmful to our Federal courts enth Circuit and was supported by Sen- States District Judge for the Northern Dis- and the American people. ator DICK LUGAR, the longest-serving trict of California. Until 2009, Senators who filibustered Republican in the Senate. They de- f circuit court nominees generally had layed his confirmation for 7 months. reasons to do so, and were willing to Senate Republicans then proceeded to NOMINATION DISCHARGED explain those reasons. When Senate obstruct and delay just about every Mr. REID. Mr. President, I ask unan- Democrats filibustered President circuit court nominee of this Presi- imous consent that the Veterans’ Af- Bush’s controversial circuit court dent, filibustering 10 of them. They de- fairs Committee be discharged from nominees, it was over substantive con- layed confirmation of Judge Albert further consideration of following nom- cerns about the nominees’ records and Diaz of North Carolina to the Fourth ination: PN 2024; that the nomination Republicans’ disregard for the rights of Circuit for 11 months. They delayed be confirmed; the motion to reconsider Democratic Senators. When we opposed confirmation of Judge Jane Stranch of be considered made and laid upon the Janice Rogers Brown, it was because of Tennessee to the Sixth Circuit for 10 table, with no intervening action or de- her long record on the California Su- months. They delayed confirmation of bate; that no further motions be in preme Court of deciding cases based on Judge Ray Lohier of New York to the order to the nomination; that any re- extreme views, and having argued that Second Circuit for 7 months. They de- lated statements be printed in the Social Security was unconstitutional. layed confirmation of Judge Scott RECORD; and that the President be im- When we opposed Priscilla Owen, it was Matheson of Utah to the Tenth Circuit mediately notified of the Senate’s ac- because her rulings on the Texas Su- and Judge James Wynn, Jr. of North tion and the Senate then resume legis- preme Court were so extreme that they Carolina to the Fourth Circuit for 6 lative session. drew the condemnation of even the months. They delayed confirmation of The PRESIDING OFFICER. Without conservative judges on that court. Judge Andre Davis of Maryland to the objection, it is so ordered. On the other hand, Senate Repub- Fourth Circuit, Judge Henry Floyd of The nomination considered and con- licans have filibustered and delayed South Carolina to the Fourth Circuit, firmed is as follows: nearly all of President Obama’s circuit Judge Stephanie Thacker of West Vir- THE JUDICIARY court nominees even when those nomi- ginia to the Fourth Circuit, and Judge William S. Greenberg, of New Jersey, to be nees have the support of their Repub- Jacqueline Nguyen of California to the a Judge of the United States Court of Ap- lican home State Senators. Take the Ninth Circuit for 5 months. They de- peals for Veterans Claims for the term of fif- examples of Judge Robert Bacharach layed confirmation of Judge Adalberto teen years, vice a new position created by and William Kayatta, two consensus Jordan of Florida to the Eleventh Cir- Public Law 100–389, approved October 10, 2008. circuit nominees who have the support cuit, Judge Beverly Martin of Georgia Mr. LEAHY. Mr. President, over the of their Republican home State Sen- to the Eleventh Circuit, Judge Mary last four years, Senate Republicans ators. Both these nominees received Murguia of Arizona to the Ninth Cir- have chosen to depart dramatically the ABA Standing Committee on the cuit, Judge Bernice Donald of Ten- from Senate traditions in their efforts Federal Judiciary’s highest possible nessee to the Sixth Circuit, Judge Bar- to delay and obstruct President rating, that of unanimously ‘‘Well bara Keenan of Virginia to the Fourth Obama’s judicial nominations. Qualified.’’ They have strong bipar- Circuit, Judge Thomas Vanaskie of For example, until 2009, Senators de- tisan support, and unimpeachable cre- Pennsylvania to the Third Circuit, ferred to the President and to home dentials, and there is no reason why Judge Joseph Greenaway of New Jersey State Senators on district court nomi- they should not have been confirmed to the Third Circuit, Judge Denny Chin nees. During the 8 years that George W. months ago. Republicans continue to of New York to the Second Circuit, and Bush served as President, only 5 of his stall them without final confirmation Judge Chris Droney of Connecticut to district court nominees received any votes approximately 8 months after the Second Circuit for 4 months. They opposition on the floor. In just 4 years, they were considered and approved by delayed confirmation of Judge Paul Senate Republicans have voted against the Senate Judiciary Committee. Watford of California to the Ninth Cir- 39 of President Obama’s district court The irony and dangerous new devel- cuit, Judge Andrew Hurwitz of Arizona nominees, and the Majority Leader has opment is that neither of these nomi- to the Ninth Circuit, Judge Morgan been forced to file cloture on 20 of nees faces any real Republican opposi- Christen of Alaska to the Ninth Cir- them. tion. Senator COBURN, one of Judge cuit, Judge Stephen Higginson of Lou- Federal district court judges are the Bacharach’s home State Senators, has isiana to the Fifth Circuit, Judge Ge- trial court judges who hear cases from said: ‘‘[Judge Bacharach] has no oppo- rard Lynch of New York to the Second litigants across the country and pre- sition in the Senate. There’s no Circuit, Judge Susan Carney of Con- side over Federal criminal trials, ap- reason why he shouldn’t be confirmed.’’ necticut to the Second Circuit, and plying the law to facts and helping set- Still, Senate Republicans refuse to Judge Kathleen O’Malley of Ohio to the tle legal disputes. They handle the vast allow for a vote on his nomination. The Federal Circuit for 3 months. majority of the caseload of the Federal same also applies to Richard Taranto, The nonpartisan Congressional Re- courts and are critical to making sure who was reported more than eight search Service has reported that the VerDate Mar 15 2010 04:28 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.061 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8376 CONGRESSIONAL RECORD — SENATE December 21, 2012 median time circuit nominees have had 9 months for the Senate to take action istering justice for the American peo- to wait before a Senate vote has sky- on the other 8. This resulted in the ple. In most other years, like in 2008, rocketed from 18 days for President lowest 1-year confirmation total in at judicial nominees, especially those who Bush’s nominees to 132 days for Presi- least 35 years. For the last 2 years, are qualified, consensus nominees with dent Obama’s. This is the result of Re- Senate Republicans left 19 nominations bipartisan support and the support of publican obstruction. on the Senate Executive Calendar at their home State Senators, are con- This unprecedented and meritless ob- the end of each year. It then took near- firmed before the election recess. They struction means that when the Senate ly half the following year for the Sen- are not stalled and not dragged over adjourns, Senate Republicans will have ate to confirm these nominees.