December 5, 2011 CONGRESSIONAL RECORD — SENATE S8167 EXECUTIVE SESSION ported by the Judiciary Committee on publican leadership at the end of last September 15 without opposition from year to refuse to agree to votes on a single member of the Committee, those nominations. That decision stood NOMINATION OF EDGARDO RAMOS Democratic or Republican. Mr. in stark contrast to the practice fol- TO BE UNITED STATES DISTRICT Furman, an experienced Federal pros- lowed by the Democratic majority in JUDGE FOR THE SOUTHERN DIS- ecutor who served as Counselor to At- the Senate during President Bush’s TRICT OF NEW YORK torney General Michael Mukasey for first two years. Last year, Senate Re- two years during the Bush Administra- publicans refused to use the same tion, is a nominee with an impressive standards for considering President NOMINATION OF ANDREW L. CAR- background and bipartisan support. Obama’s judicial nominees as we did TER, JR., TO BE UNITED STATES There is no reason or explanation for when the Senate gave up or down votes DISTRICT JUDGE FOR THE why the Senate could not also consider to all 100 of President Bush’s judicial SOUTHERN DISTRICT OF NEW his nomination today. nominations reported by the Com- YORK There is also no reason or expla- mittee in his first two years. All 100 nation why Republican leadership will were confirmed before the end of the not consent to consider the other 20 ju- 107th Congress, including two con- NOMINATION OF JAMES RODNEY dicial nominations waiting for final troversial circuit court nominations GILSTRAP TO BE UNITED Senate action, all but four of which reported and then confirmed during the STATES DISTRICT JUDGE FOR were reported by the Committee with- lame duck session in 2002. The Senate THE EASTERN DISTRICT OF out any opposition, all but two of them last year should not have been forced TEXAS with significant bipartisan support. to adjourn with 19 judicial nominations Senator GRASSLEY and I have worked still on the Senate calendar. together to ensure that each of the 25 With vacancies continuing at harm- NOMINATION OF DANA L. nominations now on the Senate Cal- fully high levels, we cannot afford to CHRISTENSEN TO BE UNITED endar was fully considered by the Judi- repeat these unnecessary and damaging STATES DISTRICT JUDGE FOR ciary Committee after a thorough, fair delays. There is no reason we cannot THE DISTRICT OF MONTANA process, including completing our ex- make significant progress this month The PRESIDING OFFICER. Under tensive questionnaire and questioning and consider all of the consensus nomi- the previous order, the Senate will pro- at a hearing. Before each of these nations now pending on the Senate cal- ceed to executive session to consider nominees was selected by the Presi- endar. That is what we did at the end the following nominations, which the dent, the White House worked with the of President Reagan’s third year in of- clerk will report. nominees’ home state Senators who fice and President George H.W. Bush’s The bill clerk read the nominations support them, the FBI completed an third year in office, when no judicial extensive background review, and each of Edgardo Ramos, of Connecticut, to nominations were left pending on the nominee was peer reviewed by the be United States District Judge for the Senate Calendar. That is what we did American Bar Association’s Standing Southern District of New York; An- at the end of the 1995 session, President Committee on the Federal Judiciary. drew L. Carter, Jr., of New York, to be Clinton’s third year in office, when When the nominations have been favor- United States District Judge for the only a single nomination was left pend- ably reported by the Judiciary Com- Southern District of New York; James ing on the Senate calendar. That is mittee after this extensive and thor- Rodney Gilstrap, of Texas, to be United also what we did at the end of Presi- ough process, there is no reason for States District Judge for the Eastern dent George W. Bush’s third year, when months and months of further delay District of Texas; and Dana L. seven of the nine judicial nominations before they can start serving the Amer- Christensen, of Montana, to be United left on the calendar by the Senate’s Re- States District Judge for the District ican people. It is now December 5, with only publican majority were among Presi- of Montana. weeks left in the Senate’s 2011 session. dent Bush’s most extreme ideological The PRESIDING OFFICER. Under I am concerned that we are not able to picks and had previously been debated the previous order, there will be 1 hour move more quickly at a time when we extensively by the Senate. The stand- of debate equally divided in the usual continue to hear from chief judges ard has been that noncontroversial ju- form. around the country about the overbur- dicial nominees reported by the Judici- The Senator from Vermont. dened courts in their districts and cir- ary Committee get Senate action be- Mr. LEAHY. Today the Senate will cuits. We need to consider at least fore the end of the year. That is the finally consider nominations to fill eight judges every week in order to standard we should follow this year. four vacancies on Federal district begin to catch up and erase the backlog We remain well behind the pace set courts, all of which were reported by that has developed from the delays in by the Senate during President Bush’s the Judiciary Committee unanimously the consideration of consensus nomi- first term. By the end of his first term, in September and early October. All nees caused by the Senate Republican the Senate had confirmed 205 district four nominees Edgardo Ramos and An- leadership. and circuit nominees, and had already drew Carter, nominated to the South- We should not repeat the mistakes of confirmed 167 by this point in his third ern District of New York, James Rod- last year, when the Senate Republican year. So far, the Senate has confirmed ney Gilstrap, nominated to fill a judi- leadership refused to consent to con- only 119 of President Obama’s district cial emergency vacancy in the Eastern sider 19 judicial nominations reported and circuit nominees. Senate action District of Texas, and Dana by the Judiciary Committee, an exer- before adjournment on all 25 judicial Christensen, nominated to the District cise in unnecessary delay I believe to nominations that are before the Senate of Montana are superbly qualified be without precedent with respect to today would go a long way to help re- nominees with the strong support of such consensus nominees. It took us solve the longstanding judicial vacan- their home state Senators. It should until June of this year, halfway into cies that are delaying justice for so not have taken three months or more 2011, to consider and confirm 17 of many Americans in our Federal courts for the Senate to vote on their nomina- these nominations that could and across the country. tions. should have been considered before the The 100 circuit and district court I thank the Majority Leader for se- end of 2010. Before we adjourn this nominations we confirmed in President curing a vote on these nominations, year, there is certainly no reason the Bush’s first two years leading to a va- but I am disappointed that the Senate Senate cannot at least consider the 17 cancy total of 60 at the beginning of his Republican leadership would not agree judicial nominations reported unani- third year is almost a complete reverse to a vote on the nomination of Jesse mously by the Committee this session, of the 60 the Senate was allowed to Furman to fill a third vacancy on the who are by any measure consensus confirm in President Obama’s first two Southern District of New York. Like nominees. years, leading to nearly 100 vacancies Edgardo Ramos, Andrew Carter and I hope that we do not see a repeat of at the start of 2011. Yet, even following James Gilstrap, his nomination was re- the damaging decision by Senate Re- those years of real progress, in 2003 we VerDate Mar 15 2010 10:41 Dec 06, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G05DE6.019 S05DEPT1 smartinez on DSK7SPTVN1PROD with SENATE S8168 CONGRESSIONAL RECORD — SENATE December 5, 2011 proceeded to confirm more judicial Dana Christensen is nominated to fill debate, they deserve a simple up-or- nominations than there were vacancies a vacancy on the District Court for the down vote. It’s time to move away at the start of that year, and reduced District of Montana. Mr. Christensen from advise and obstruct and get back vacancies even further, down to 5 per- has spent his 34-year legal career in to advise and consent. The stakes are cent, half of where they stand today. private practice and is currently the high. The Constitution of the Chief Justice Roberts, the Attorney president of the law firm of United States is at stake.’’ General and the White House counsel Christensen, Moore, Cockrell, Cum- Many Republican Senators declared have all spoken about the serious prob- mings & Axelberg, P.C. in Kalispell, that they would never support the fili- lems created by persistent judicial va- Montana. The ABA Standing Com- buster of a judicial nomination—never. cancies. More than half of all Ameri- mittee on the Federal Judiciary unani- Yet, only a few years later, Senate Re- cans over 167 million live in districts or mously rated Mr.