[Congressional Record Volume 146, Number 66 (Wednesday, May 24, 2000)]
[Senate]
[Pages S4364-S4365]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




NOMINATION OF TIMOTHY B. DYK, OF THE DISTRICT OF COLUMBIA, TO BE UNITED 
              STATES CIRCUIT JUDGE FOR THE FEDERAL CIRCUIT

  The PRESIDING OFFICER. The clerk will report the next nomination.
  The assistant legislative clerk read the nomination of Timothy B. 
Dyk, of the District of Columbia, to be United States Circuit Judge for 
the Federal Circuit.
  Mr. LEAHY. Mr. President, yesterday some Republicans opposed Tim 
Dyk's confirmation to the Federal Circuit based on the workload of that 
court. Last evening I inserted in the Record a letter from the Chamber 
of Commerce that argued for his nomination in terms of the court's 
important workload and cases.
  I am troubled that at a time when we are working through the night to 
try to preserve a digital signature bill to help encourage electronic 
commerce and protect consumers, when we are trying to work through 
Republican holds on the H1-B visa bill and increase the availability of 
high tech workers and improve training of American workers, when we are 
trying to improve on-line privacy and Internet security, I see such 
insensitivity to the needs of the Federal Circuit and its role in our 
economy and in our judicial system.
  We designed the Federal Circuit to be our patent court. It has 
extraordinarily complex cases that are of increasing importance as our 
economy becomes more and more based on technological developments. 
Prompt and proper adjudication of cases before that court are in many 
ways critical to the continued growth of our economy and our economic 
future.
  I see vacancies on that court as high priorities. I know that the 
other Democratic Senators share my view. I have been greatly troubled 
by the perpetuation of this vacancy on the Federal Circuit for more 
than two years while the Dyk nomination has been held back from Senate 
action. That is wrong. It is unfair to Tim Dyk and his family. It is 
short-sighted with respect to the important matters on the docket of 
the Federal Circuit.

  That was the point of the Chamber of Commerce letter last August. 
Filling the vacancy on the Federal Circuit should be a priority of the 
Senate. The Federal Circuit should have all the resources it needs to 
do its job and resolve intellectual property disputes intelligently, 
fairly, and expeditiously.
  Nonetheless, in spite of all these considerations and what I had 
hoped was a bipartisan commitment to the growth of our high tech 
economy, some are arguing that because its caseload numbers are not 
inflated by prisoner petition, criminal cases or scores of simple civil 
cases our nation's patent court ought not to have its needs fulfilled. 
I disagree.
  Moreover, I have to wonder whether we would even be hearing that 
argument if a Republican President were

[[Page S4365]]

making this nomination. I thank the Chamber of Commerce for showing 
that business supports the confirmation of Tim Dyk to fill this vacancy 
on the Federal Circuit and for not playing politics with this 
nomination. The nature of the Federal Circuit's caseload merits a full 
complement of judges as authorized by Congress so that its intellectual 
property docket can get the attention that it deserves and that our 
economy requires.
  Mr. KENNEDY. Mr. President, at long last, the Senate is considering 
the nomination of Timothy Dyk for the U.S. Court of Appeals for the 
Federal Circuit. Mr. Dyk is an exceptional nominee who has waited far 
too long for action by the Senate. He is a nationally known and 
respected attorney who has been approved by the American Bar 
Association and was well received by the Senate Judiciary Committee. He 
deserves confirmation by the Senate by an overwhelming bipartisan 
majority today.
  Mr. Dyk is an honors graduate of Harvard College and Harvard Law 
School, where he was a member of the Law Review. After graduation, he 
served as a Supreme Court law clerk for Chief Justice Earl Warren, as 
well as for Justices Stanley Reed and Harold Burton. He served in the 
Justice Department for a year in the early 1960's and has spent the 
last 37 years as a distinguished and highly respected attorney in 
private practice in Washington, D.C.. He has argued cases before the 
Supreme Court and in numerous federal courts of appeals, including five 
cases before the Federal Circuit. He clearly has the qualifications and 
ability to serve on that Circuit with great distinction.
  Mr. Dyk's nomination is supported by a variety of corporations and 
organizations, including the U.S. Chamber of Commerce, the National 
Association of Manufacturers, the National Association of Broadcasters, 
the Labor Policy Association, the American Trucking Association, Kodak, 
and IBM. He is also supported by the American Center for Law and 
Justice and has been described by that group as ``an exceptional 
advocate,'' who ``would be a fine jurist on the Federal Circuit.''
  For a number of years, Mr. Dyk served as lead counsel for the 
Lubrizol Corporation in a number of patent litigations. Lubrizol's 
Chairman and CEO has written,

       Mr. Dyk was exceptionally effective in briefing and arguing 
     the several appeals in the Federal Circuit that occurred in 
     those cases and demonstrated the ability to provide 
     exceptional service on the federal bench. He also performed 
     an instrumental role in ultimate disposition of those cases 
     through mediation, which he urged on the parties and 
     skillfully guided through extensive and difficult 
     negotiations.

  Mr. Dyk is also an active member of numerous bar organizations, and 
he has served as Chair of the D.C. Circuit Membership Evaluation 
Committee of the American Academy of Appellate Lawyers. In addition, he 
is an active participant in the community. In every respect, he is 
well-qualified for appointment to the Federal Circuit. He should have 
been confirmed long ago, and I urge my colleagues to approve his 
nomination today.
  Mr. CAMPBELL. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Timothy B. Dyk, of the District of Columbia, to be United States 
Circuit Judge for the Federal Circuit?
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. REID. I announce that the Senator from Delaware (Mr. Biden) is 
necessarily absent.
  The PRESIDING OFFICER (Mr. Sessions). Are there any other Senators in 
the Chamber who desire to vote?
  The result was announced--yeas 74, nays 25, as follows:

                      [Rollcall Vote No. 109 Ex.]

                                YEAS--74

     Abraham
     Akaka
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Breaux
     Bryan
     Burns
     Byrd
     Campbell
     Chafee, L.
     Cleland
     Collins
     Conrad
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Gorton
     Graham
     Grams
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchison
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Mack
     McCain
     Mikulski
     Moynihan
     Murray
     Nickles
     Reed
     Reid
     Robb
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Schumer
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thompson
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                                NAYS--25

     Allard
     Ashcroft
     Brownback
     Bunning
     Cochran
     Coverdell
     Craig
     Crapo
     Enzi
     Gramm
     Grassley
     Gregg
     Helms
     Hutchinson
     Inhofe
     Kyl
     Lott
     McConnell
     Murkowski
     Roberts
     Sessions
     Shelby
     Smith (NH)
     Thomas
     Thurmond

                             NOT VOTING--1

       
     Biden
       
  The nomination was confirmed.

                          ____________________