[Congressional Record Volume 144, Number 41 (Thursday, April 2, 1998)]
[Senate]
[Page S3181]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           EXECUTIVE CALENDAR

  Ms. COLLINS. Mr. President, I ask unanimous consent that the Senate 
immediately proceed to executive session to consider the following 
nominations on the Executive Calendar: Nos. 526, 535, 536, 537, 555, 
556, 557, 563, 564, and 565.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  I ask unanimous consent that the nominations be confirmed en bloc, 
that the motion to reconsider be laid upon the table, and any 
statements relating to these nominations appear at this point in the 
Record, and that the President be immediately notified of the Senate's 
action, and that the Senate then return to legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed en block are as follows:


                   executive office of the president

       Thomas J. Umberg, of California, to be Deputy Director of 
     Supply Reduction, Office of National Drug Control Policy.


                          department of labor

       Richard M. McGahey, of New York, to be an Assistant 
     Secretary of Labor.


                         department of commerce

       Robert J. Shapiro, of the District of Columbia, to be Under 
     Secretary of Commerce for Economic Affairs.


                      department of transportation

       John Charles Horsley, of Washington, to be Associate Deputy 
     Secretary of Transportation.


                             the judiciary

       Kermit Lipez, of Maine, to be United States Circuit Judge 
     for the First Circuit.
       Robert T. Dawson, of Arkansas, to be United States District 
     Judge for the Western District of Arkansas.
       Johnnie B. Rawlinson, of Nevada, to be United States Judge 
     for the District of Nevada.


                       office of special counsel

       Elaine D. Kaplan, of the District of Columbia, to be 
     Special Counsel, Office of Special Counsel, for the term of 
     five years.


                             the judiciary

       Melvin R. Wright, of the District of Columbia, to be an 
     Associate Judge of the Superior Court of the District of 
     Columbia for the term of fifteen years.
       Ruth Y. Goldway, of California, to be a Commissioner of the 
     Postal Rate Commission for a term expiring November 22, 2002.


   nomination of judge kermit v. lipez to the first circuit court of 
                                appeals

  Ms. COLLINS. I rise in support of No. 555 on the Executive Calendar, 
the nomination of Kermit Lipez, of Maine, to the first circuit.
   Mr. President, it is an honor and a pleasure to rise to speak in 
support of the nomination of Justice Kermit Lipez to serve on the First 
Circuit Court of Appeals.
  Having spent the past 12 years as a member of the Maine judiciary, 
Justice Lipez is a highly respected jurist. With experience at both the 
trial and appellate court levels, it is fair to say that he has been 
tested for the position for which he has now been nominated and that he 
has passed that test with flying colors.
  Justice Lipez is universally praised in Maine for his judicial 
temperament, his sense of fairness, and his intellectual capabilities. 
His demeanor is consistently that of a gentleman, treating witnesses, 
jurors, attorneys, and spectators with great respect, and ensuring that 
others follow his example. He makes the courtroom a far less 
intimidating place for the average person.
  Justice Lipez's reputation for impartiality is reflected in the high 
regard in which he is held by all segments of the bar. Indeed, people 
who agree on little else agree on his sense of fairness. He was 
appointed to the Maine Superior Court by a Democratic Governor, he was 
appointed to the Maine Supreme Court by a Republican Governor, and he 
was recently praised by an Independent Governor. If public trust in our 
court system hinges on the belief that the courtroom is a place where 
everyone can expect equal treatment, no one in Maine has done more to 
promote that perception than Justice Lipez.
  The nominee is also a man who combines great intellectual acumen with 
considerable common sense. He has that rare ability to deal with the 
most cerebral of issues while keeping his feet planted firmly on the 
ground. Despite the talent he possesses and the respect he commands, he 
is a person of humility, an essential trait for someone empowered to 
sit in judgment of others.
  Mr. President, Kermit Lipez's dedication to his profession is beyond 
question. As a judge's son, he came to the bench with considerable 
knowledge of the judicial function. Yet, shortly after his appointment 
to the State Superior Court, he took the unusual step of obtaining a 
master's degree in judicial process from the University of Virginia 
School of Law.
  Justice Lipez understands not only the powers of a judge but also the 
limits on those powers. To use his own words, courts exist to resolve 
``particularized disputes. They do not decide the wisdom of laws. . . . 
[They] squander their resources and their authority when they try to 
manage problems or impose solutions beyond their competence and their 
proper role.''
  Mr. President, Justice Lipez has excelled in everything he has 
undertaken--whether as a legislative aide to former Senator Muskie, a 
private practitioner, a trial judge, or a Justice on Maine's Supreme 
Judicial Court--and I am confident that he will excel as a member of 
the First Circuit Court of Appeals.
  Senator Snowe has been a very strong advocate for Justice Kermit 
Lipez. It was, in fact, Senator Snowe's husband who appointed Justice 
Lipez to the court in Maine. I am delighted to be here tonight to speak 
on behalf of this nomination.