[Congressional Record Volume 147, Number 102 (Friday, July 20, 2001)]
[Senate]
[Pages S7987-S7993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOMINATION OF RICHARD F. CEBULL TO BE UNITED STATES DISTRICT JUDGE
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will now go into executive session to consider en bloc Executive
Calendar Nos. 250, 245, and 246, which the clerk will report.
The legislative clerk read the nominations of Roger L. Gregory, to be
United States Circuit Judge for the Fourth Circuit; Sam E. Haddon, to
be United States District Judge for the District of Montana; and
Richard F. Cebull, to be United States District Judge for the District
of Montana.
The ACTING PRESIDENT pro tempore. The Senator from Nevada is
recognized.
Mr. REID. Mr. President, I ask unanimous consent that whatever time I
consume not be charged against the two managers of these nominations.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. REID. Mr. President, there will be 30 minutes of debate in
relation to the three judicial nominations, followed by three rollcall
votes beginning at approximately 9:50 a.m.
Mr. President, the first vote will be under the regular order. The
next votes will be 10 minutes each. These are the only rollcall votes
today. The next rollcall votes will occur Monday at approximately 5:45
p.m.
The ACTING PRESIDENT pro tempore. Under the previous order, there
will now be 30 minutes for debate, to be equally divided between the
Senators from Vermont and Utah or their designees.
The Senator from Vermont is recognized.
Mr. LEAHY. I thank the Chair. I see my good friend from Utah is here,
as well as the Senators from Montana and Virginia.
Mr. President, it took the Senate the entire month of June to pass S.
Res. 120, a very simple resolution in which we organized our
committees. As one Senator, I am sorry we lost the month of June to the
process of reorganizing the Senate, but I am proud of the very quick
start of the Judiciary Committee on holding hearings and reporting
nominees.
I sent out official notice of the committee's first hearing on
judicial nominations within 10 minutes after the majority leader
announced an agreement had been reached on reorganization. The hearing
on judicial nominations was held the very first day after committee
membership assignments were completed earlier this month.
We expedited committee consideration of the nominees by urging all
Senators to propound such followup written questions as they thought
necessary as soon as possible after the hearing. I included them on the
committee agenda for our business meeting this week.
[[Page S7988]]
At that meeting yesterday, the Judiciary Committee voted unanimously
to report each of the judicial nominations. Each vote was 19-0, and the
other nominations on the calendar were voice voted.
These are the first judicial nominations heard before the committee,
the first judicial nominations considered by the committee, and they
will now be the first judicial nominations considered by the Senate
this year.
I have only served as chairman of the Judiciary Committee since June
5, the Senate did not adopt its reorganizing resolution until June 29,
and committee assignments were not made until July 10. So we have been
moving pretty rapidly since the Senate allowed us to go forward.
There were no hearings on judicial nominations and no judges
confirmed by the Senate during the months in which I was privileged to
serve as the ranking Democrat. I chaired the first hearing on July 11.
That was the first hearing on judicial nominations all year.
The first judge we confirm today will be the first judge confirmed in
the 107th Congress. I heard the rumors that those on our side of the
aisle would not hold hearings and would not consider any of President
Bush's judicial nominations. We even heard some words that the
Democrats might block all judges. Of course, we demonstrated very
clearly that is not the case.
We set a pace, one of the fastest paces I have seen in my 25 years on
the committee under both Democratic and Republican Chairs. We held a
hearing noticed minutes after the Senate's reorganization. We proceeded
with nominees of both the court of appeals and district court the day
after committee assignments were made. We proceeded with expedited
committee consideration yesterday. We are proceeding today with Senate
consideration of what I hope will be the confirmation of the first of
President Bush's nominations.
First is the nomination of Judge Roger Gregory. I know Judge Gregory,
his family, and indeed all the people who live in the area covered by
the United States Court of Appeals for the Fourth Circuit, have been
waiting a long time for this day.
Judge Gregory was first nominated for this position in June 2000--
more than a year ago. He has the strong bipartisan support of both his
home State Senators, John Warner and Chuck Robb, but no hearing was
ever scheduled on President Clinton's nomination of Roger Gregory.
President Clinton's attempts to fill a number of vacancies on the
Fourth Circuit met with resistance, delaying the inevitable integration
of the court. Judge Beaty, a U.S. district court judge for the Middle
District of North Carolina, was nominated by President Clinton 6 years
ago, in December of 1995, but he never received a hearing. Judge Beaty
was renominated in 1997. Again, the committee scheduled no hearing for
him. Judge Beaty waited a period of 34 months without a hearing.
President Clinton tried again in 1999, nominating another African-
American, James Wynn. Judge Wynn, a North Carolina Court of Appeals
judge, was also denied a hearing before the committee, but President
Clinton sent him back to the Senate one more time to give the Senate
one more opportunity to hear him at the start of the 107th Congress in
January of this year. After pending for a total of 16 months without a
hearing, Judge Wynn's nomination was among those withdrawn by President
Bush in March of this year.
Roger Gregory was initially nominated, as I noted, over a year ago.
Like the others, his nomination languished without a hearing. Because
there was no action taken by the Senate on Mr. Gregory's nomination,
President Clinton used his powers of recess appointment to make Roger
Gregory the first African-American judge to sit on the Fourth Circuit
and sent his nomination for a permanent position on that court back to
the Senate at the beginning of this year.
President Bush initially withdrew Judge Gregory's nomination in
March, but after careful reconsideration, President Bush--and I applaud
him for this--sent Judge Gregory's name back to us in May. Again, he
had the strong support of both Senators from Virginia.
During this time, Virginia was represented by three different
Senators, two of whom I am privileged to serve with today--one
Democrat, two Republicans. All three strongly supported Judge Gregory.
To their credit, all three resisted political importuning from either
side.
This makes Judge Gregory actually one of the few nominees ever to be
nominated for the same position by Presidents of different parties. He
is in the unique position of serving by means of an appointment whose
term expires at the end of this session of the Senate unless his
nomination to a full lifetime appointment is acted upon before we
adjourn this year.
Judge Gregory received his B.A. in 1975 from Virginia State
University and his juris doctorate from the University of Michigan in
1978. Prior to his appointment to the Fourth Circuit, he was active in
private practice in Virginia.
His law practice was a mix of civil and criminal in both State and
Federal courts, including criminal defense, personal injury, domestic
cases, real estate, work as general counsel for an urban school
district, and defense cases for large insurance companies and large
corporations such as General Motors and K Mart. He was an active
litigator.
He also taught as adjunct professor of constitutional law at Virginia
State University. He was a member of the faculty of the Virginia State
Bar Ethics and Professional Responsibility Committee for all recent
admittees to the State bar.
Judge Gregory was very active in community and bar activities before
he took the bench, including service on the board of directors of the
Central Virginia Legal Aid Society, the Richmond Bar Association, and
the Virginia Association of Defense Attorneys.
His life and career have been exemplary and his qualifications for
this position are stellar. His service on the bench since his
appointment has been uniformly praised. He conducted himself with
distinction at his confirmation hearing this month.
Based on all these considerations, it seems appropriate that Judge
Gregory's nomination be the first considered by the committee and the
Senate this year.
As I said before, I commend my good friend, the senior Senator from
Virginia, Mr. Warner, as well as the distinguished Senator, Mr. Allen,
and Representative Bobby Scott when they appeared before the committee
earlier this month to urge Judge Gregory's confirmation, giving him
their bipartisan stamp of approval.
At our hearing, Senator Warner, who is truly the gentleman of the
Senate, as we all know, was characteristically generous in praising
Senator Robb and Governor Wilder for their efforts on behalf of Roger
Gregory as well.
I add my praise of both Presidents, one a Democrat and one a
Republican. I praise President Bush for doing the right thing in this
case. President Bush deserves great credit for renominating Judge
Gregory and allowing the Senate a third chance to consider and confirm
this outstanding nominee. Senator Allen served with distinction both as
Governor of the State of Virginia and now as U.S. Senator from Virginia
and knows well the qualifications.
Then we have two nominees to the district court in Montana. They are
both well qualified and well respected. My two friends from Montana,
the two Senators from Montana, came to me and asked if we could move
these judges forward. I thought they had done what is a model. They
worked together with the White House to get two well-qualified judges.
Senator Baucus and Senator Burns both told me the same thing on
different occasions: They had a desperate need for judges. They had one
judge handling far more than they should have to, sort of home alone.
They said, please send somebody to help.
Recommended to the President, and the President to us, Richard Cebull
is currently a United States Magistrate for the District Court of
Montana. He spent his career in private practice before his appointment
as a magistrate. Judge Cebull received a unanimous well-qualified
rating from the ABA Standing Committee on the Federal Judiciary, where
the ABA has been helpful to us, to Senators Baucus and Burns, as well
as the White House.
[[Page S7989]]
Judge Cebull is a native of Billings, Montana. He received his B.S.
from Montana State University in 1966, and his J.D. from the University
of Montana Law School in 1969. Before his appointment as a magistrate,
Judge Cebull spent his career in private practice in Billings,
litigating civil cases with an emphasis on insurance defense and
medical malpractice defense.
He was active in trial lawyer associations and a speaker at CLE
programs on practical litigation issues. He also served as a member of
the Montana Pattern Jury Instruction Commission, which wrote civil jury
instructions for Montana courts, and was Chairman of the Civil Justice
Reform Act Advisory Group, which wrote the District of Montana Local
Rules. For a short time in the 1970's, he served as a Trial Judge in
the Northern Cheyenne Tribal Court, presiding over criminal trials of
tribal members charged with violating tribal ordinances. He has also
served as a settlement master in a variety of civil cases. Judge Cebull
received a unanimous ``Well Qualified'' rating from the ABA's Standing
Committee on the Federal Judiciary.
Sam Ellis Haddon is an attorney in private practice in Missoula,
Montana. Mr. Haddon is a 1959 graduate of Rice University and received
his J.D. in 1965 from the University of Montana School of Law. He was
an immigration patrol inspector for the U.S. Border Patrol, and a
criminal investigator for the Federal Bureau of Narcotics. His legal
career has been spent in private practice, focusing primarily on civil
litigation in a variety of areas of law.
He has been very active in bar activities and Montana Supreme Court
commissions over the years. His many memberships include the ABA, the
American College of Trial Lawyers, the American Academy of Appellate
Lawyers, the American Judicature Society, the American Law Institute,
and he is a fellow of the American Bar Foundation.
As a young attorney he was active in the Montana State Bar, and later
on served on an advisory commission making recommendations to the
State's Supreme Court about the standards for admission to practice in
Montana. He was also chair of a commission to study and suggest
revisions to the State's laws of evidence, and since 1986 has served on
the Montana Supreme Court's Commission on Practice, screening and
hearing ethics complaints against attorneys admitted in the State.
For the last five years he has served as the chair of this
Commission. Mr. Haddon has been an adjunct instructor at the University
of Montana Law School for nearly 30 years, teaching contracts,
professional responsibility and trial practice. Like Judge Cebull, Mr.
Haddon also received a unanimous ``Well Qualified'' rating from the
ABA's Standing Committee on the Federal Judiciary.
Judge Cebull and Sam Haddon are both strongly supported by their
home-state Senators, Max Baucus and Conrad Burns, who each testified
enthusiastically on behalf of these nominees at their July 11 hearing.
The Senators from Montana also echoed the plea we had heard from Chief
Judge Molloy, who is the only active Judge for the District of Montana,
to quickly confirm these nominees.
I hope the Senate will respond to their plea and approve these
nominations today. Confirmation of these nominations for Montana will
demonstrate that the Senate can act promptly on consensus nominees with
broad bipartisan support. When the White House works closely with home-
state Senators of both parties, with both Democrats and Republicans,
Senate consideration is made much easier. I commend Senators Baucus and
Burns for their constructive approach to filling the vacancies that
were plaguing their District Court.
I am happy to support these two nominees for the District Court in
Montana as well as Roger Gregory for the U.S. Court of Appeals for the
Fourth Circuit, and hope to be able to support many more of the
President's judicial nominees.
The ACTING PRESIDENT pro tempore. The Senator from Nevada.
Mr. REID. Mr. President, I know there is tremendous interest in these
nominees involving two States and a number of Senators. However, we
have received a number of inquiries and we will not be able to extend
the time. People are waiting. If there is a request to extend the time
for additional speakers this morning, I will have to object.
The ACTING PRESIDENT pro tempore. The Senator from Utah.
Mr. HATCH. Mr. President, I am extremely pleased that the Senate
today will consider the first of President Bush's nominees for the
federal judiciary. The three nominees are Judge Roger Gregory for the
United States Court of Appeals for the Fourth Circuit, and Judge
Richard Cebull and Mr. Sam Haddon for the United States District Court
for the District of Montana.
My review of these nominees has convinced me that they will serve the
judiciary with competence, fairness, and honor. Judge Gregory's
extensive legal experience, character, and good judgment make him an
excellent choice for the Fourth Circuit Court of Appeals. His
nomination by President Bush--with the hard work and support of
Senators Warner and Allen--is well deserved. It is also, by the way, a
clear gesture of bipartisanship by President Bush, which is
unprecedented in modern times.
The two nominees for the District of Montana also demonstrate the
rewards of bipartisanship. Judge Cebull and Mr. Haddon enjoy the
support of both Montana senators--Republican Senator Burns and Democrat
Senator Baucus. And it's easy to see why. Judge Cebull has an
outstanding record as a lawyer with 28 years of experience in private
practice and as a federal magistrate judge. Mr. Haddon has also
developed considerable expertise in a broad range of litigation
topics--both at the trial and appellate levels. These judges will not
only perform their duties with distinction, but also will help ease the
excessive caseload currently being handled by Montana's single full-
time federal district judge.
So, Mr. President, we have three solid nominees before the Senate,
and I hope and expect that all of them will be confirmed today. I also
want to take this opportunity to thank Chairman Leahy for moving these
nominees. I must note, however, that there are ten other judicial
nominees who have been pending before the committee for more than two
months without even a hearing. I urge Senator Leahy to move forward
expeditiously on these and the remaining 26 judicial nominees pending
before the committee.
I ask unanimous consent the distinguished senior Senator from
Virginia be permitted to speak for 5 minutes, and then the
distinguished Senator from Virginia, Mr. Allen, be permitted to speak
for 5 minutes, and the remaining time be given to the distinguished
Senator from Montana.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The Senator from Virginia.
Mr. WARNER. Mr. President, I thank the distinguished managers.
Indeed, we are fortunate here in the Senate to have two such
outstanding Senators to head up the very important Judiciary Committee
because the third branch of our government is the Federal judiciary.
Throughout the nearly 23 years I have been privileged to serve as a
United States Senator, I have taken a very active and conscientious
role in making recommendations to our Presidents for nominees to serve
on the Federal judiciary.
We are at a historic moment here today with Judge Gregory, as we are
about to confirm the first African-American Judge to the United States
Court of Appeals on the Fourth Circuit. Virginia, and indeed all the
States within the Fourth Circuit, is diverse in its citizenry. Our
Judiciary should reflect the broad diversity of the citizens it serves.
Accordingly, I had the privilege and the honor of recommending to
President Reagan the first African-American in the nearly 200 year
history of the Commonwealth of Virginia to serve on the Federal bench.
That judge, Judge James Spencer, a United States district judge, has
served with great distinction.
I also had the privilege and honor of recommending to the first
President Bush, the first woman to serve on the United States District
Court in the Commonwealth of Virginia, Ms. Rebecca Smith. Judge Smith,
likewise, has served with great distinction.
And, today, the Senate will confirm Judge Gregory and another chapter
of
[[Page S7990]]
history is documented between the Commonwealth of Virginia and the
Federal judiciary.
I remember very well when Roger Gregory's name first came to the
United States Senate. I had not known him directly, and shortly after
he was nominated, I quickly made arrangements to confer with him.
Soon, we established a close professional relationship and personal
friendship; I have stood by his side ever since through a rather
challenging and unusual process of confirmation.
Judge Gregory is eminently qualified for a lifetime judgeship on the
Fourth Circuit.
Former Governor of Virginia, Governor Douglas Wilder, the only
African-American in the history of the United States in this century to
serve as chief executive of one of our States, addressed a letter to
me, my colleague Senator Allen, and Congressman Scott, in support of
Judge Gregory. I would like to read portions of this letter into the
Record. I submit the letter in its entirety for the Record. Although
the House of Representatives is not directly involved in the judicial
confirmation proceedings, Members do play an active role. I thank
Congressman Scott for his strong support throughout the Gregory
confirmation process. And, I also submit a letter of support from
Congressman Scott to be printed in the Record.
Governor Wilder stated:
Gentlemen: I first want to thank you for the strong and
unwavering support relative to the nomination of Roger L.
Gregory for a position on the United States Fourth Circuit
Court of Appeals. It has been invaluable in the process.
I also want to thank the Chairman of the Judiciary
Committee, Senator Leahy . . . as well as the former
Chairman, Senator Hatch, for the courtesies extended to the
nominee.
I also commend Senator Charles S. Robb for starting the
process by recommending Judge Gregory to President Clinton
for the bench. Needless to say, there are a number of persons
who have played a pivotal role in bringing this nomination to
this point; but none more outstanding than the nominee
himself. I have long felt confident that once a hearing was
in place, others would more widely see the sterling
qualification of the individual . . .
I have known the judge since his college days at Virginia
State University through the present. I have known him as a
student, law partner and friend. I know that he enjoys a
splendid reputation with the bench and bar, as well as, being
an integral part of the community at state and local events.
His devotion to family and civic responsibilities is
outstanding and his character is beyond reproach.
Impartiality, integrity and resourcefulness will guide him in
his decision making.
I am confident he will make a very lasting contribution . .
.
Mr. President, over the history of the Fourth Circuit, there has been
a total of 41 judges who have served on the court. Throughout my 23
years in the United States Senate, I have had the honor of
participating in the Senate's ``advise and consent'' constitutional
role for 16 of these judges.
In fact, of the 11 active judges currently on the court, I have
participated in and supported the confirmation of 10 of these judges.
Only Judge Widener, who was confirmed in 1972 and who is a jurist I
have come to know and greatly respect, has a confirmation that preceded
my Senate service.
Roger Gregory has been a respected member of the Virginia bar since
1980. He has worked for one of Virginia's most respected law firms,
Hunton & Williams, and he co-founded his own firm in 1982 with Governor
Doug Wilder. Judge Gregory is well known as a skilled litigator.
Judge Gregory, I believe, also has the requisite judicial
temperament. Many, if not all Senators are concerned about judicial
activism. The Judiciary's role is to interpret the law, not to make
law. Judge Gregory assured me he will follow this traditional,
constitutional, role.
From my conversations with Judge Gregory, and based on his judicial
questionnaire, I am confident that he recognizes the importance of the
separation of powers laid out in our Constitution.
Mr. President, Judge Roger Gregory is obviously a very accomplished
American. He is well qualified to continue service on this important
court, and I am certain that he will continue to serve on this court
with honor, integrity, and distinction.
It is time to confirm Judge Gregory to a lifetime appointment. I urge
my colleagues to support this fine nominee for confirmation.
I ask unanimous consent that the letter from former Governor Doug
Wilder and a letter form Congressman Bobby Scott be printed in the
Record.
There being no objection, the letters were ordered to be printed in
the Record, as follows:
Laurence Douglas Wilder,
Richmond, VA, July 6, 2001.
Hon. John Warner,
U.S. Senate, Russell Senate Office Building,
Washington, DC.
Hon. George Allen,
U.S. Senate, Russell Senate Office Building,
Washington, DC.
Gentlemen: I first want to thank you for the strong and
unwavering support relative to the nomination of Roger L.
Gregory for a position on the United States Fourth Circuit
Court of Appeals. It has been invaluable in the process.
I also want to thank the Chairman of the Judiciary
Committee, Senator Leahy, for scheduling the hearings as well
as the former Chairman, Senator Hatch, for the courtesies
extended the nominee.
I also commend Senator Charles S. Robb for starting the
process by recommending Judge Gregory to President Bill
Clinton for the bench. Needless to say, there are a number of
persons who have played a pivotal role in bringing this
nomination to this point; but none more outstanding than the
record of the nominee himself. I have long felt confident
that once a hearing was in place, others would more widely
see the sterling qualification of the individual. I regret
very much that due to a previously scheduled vacation
starting last Saturday, I will not be in the country to
witness and attest in this regard.
I have known the judge since his college days at Virginia
State University through the present. I have known him as a
student, law partner and friend. I know that he enjoys a
splendid reputation with bench and bar, as well as, being an
integral part of the community at state and local events. His
devotion to family and civic responsibilities is outstanding
and his character is beyond reproach. Impartiality, integrity
and resourcefulness will guide him in his decision making.
I am confident he will make a very lasting contribution to
his state and country and again many thanks for making this
happen.
Sincerely,
L. Douglas Wilder,
Former Governor of Virginia.
____
July 20, 2001.
Hon. John W. Warner,
Senator, U.S. Senate,
Russell Senate Office Building, Washington, DC.
Dear Senator Warner: I am very pleased to see that the
Senate has Scheduled a vote on confirming Judge Roger
Gregory's appointment to the United States Court of Appeals
for the Fourth Circuit. I want to take this opportunity to
express my great appreciation for all of your dedication and
commitment to getting Judge Gregory appointed, reappointed,
considered and confirmed.
As you know, Judge Gregory is from Richmond, Virginia--a
part of which is in the Third Congressional District which I
represent. His nomination to the Fourth Circuit Court of
Appeals is a source of pride for all Virginians.
Judge Gregory has stellar professional and legal
credentials. He is a summa cum laude graduate of Virginia
State University and a graduate of the University of Michigan
School of Law. After practicing with two law firms, he became
a founding member and managing partner of the law firm of
Wilder and Gregory in Richmond.
Judge Gregory is truly a consensus candidate for a
permanent appointment to the Fourth Circuit Court of Appeals.
He has bipartisan support from members of the Virginia
Congressional Delegation, the Governor and other political
leaders from Virginia. He also has the support of many
organizations and individuals across Virginia and beyond. And
as a judge sitting on the Fourth Circuit Court of Appeals for
the past several months, he has earned the respect of his
colleagues on the bench.
I have known Judge Gregory for over 20 years and have
worked with him in several organizations, including the Old
Dominion Bar Association. I am confident that he will
distinguish himself and Virginia as a member of the Court.
With your continued able leadership, Judge Gregory will
have an excellent chance for confirmation, and, again, I
thank you.
Very truly yours,
Robert C. ``Bobby'' Scott,
Member of Congress.
The ACTING PRESIDENT pro tempore. The junior Senator from Virginia.
Mr. ALLEN. Mr. President, I thank my colleague, John Warner, for his
remarks. I reflect on the first statement I made on this Senate floor
on January 25 when I rose to address the appointment of Roger Gregory
to the United States Court of Appeals for the Fourth Circuit. When I
spoke, I asked my colleagues to move the nomination of Judge Gregory on
the basis of his qualifications. I asked my colleagues, and indeed the
President, to not view
[[Page S7991]]
Roger Gregory based upon the former President's political
manipulations.
Fortunately, President Bush has heeded my advice and the advice of my
good friend and colleague, Senator John Warner, who stood with me on
that first speech back in January. Fortunately, President Bush has
acted.
As a Virginian and as an American, I am proud to rise again today in
support of the confirmation of Judge Roger Gregory. I am also proud to
see that Members of both parties in the Senate and President Bush have
risen above the past procedural aggravation and have acted in a
statesmanlike manner. It is my belief that in Roger Gregory the Fourth
Circuit and indeed America have a well-respected and honorable jurist
who will administer justice with integrity and dignity. He will, in my
judgment, decide cases based upon and in adherence to duly adopted laws
and the Constitution.
He is the first African-American to serve on the Fourth Circuit Court
of Appeals. This is a good and historic vote we are about to take. I
share the salient reasons I support Roger Gregory, whom we are about to
vote to confirm. We hear a lot of inspirational stories. Yesterday, in
the Small Business Administration hearings on the nomination of Hector
Barreto Jr., John Ensign and I thought what an inspirational story
about that young man and his father who came to this country. What a
success story.
Roger Gregory is an inspirational story, as well. Judge Roger Gregory
is a testament to what can be achieved in America through hard work and
personal determination. He is the first person in his family to finish
high school. He went on to graduate summa cum laude from Virginia State
University, where his mother had once worked as a maid. Before his
investiture as a judge, he was a founding partner of the firm of Wilder
& Gregory, a highly respected litigator representing municipal and
corporate clients in the Richmond area. He has been active in civic and
community affairs. He and I both served together on the board of the
Historic Riverfront Foundation in Richmond. He has an AV rating in
Martindale-Hubbell, which is the highest combined legal ability and
general recommendation rating given to lawyers.
What is most important to me, what truly impressed me, is he has a
proper judicial philosophy. He understands that the role of the
judiciary is to administer the law based on the facts and the evidence,
administering the law, not legislating from the bench. He will follow
the rule of law, not participate--in his words--in an activist court as
result-oriented judges are very dangerous.
In particular, I also think it is important he understands, and
stated to me an understanding of our Federal system, that the States
have broad prerogatives and you apply the Constitution and you do not
easily overrule the laws enacted by legislators which ought to be
upheld and respected by the courts.
I commend the chairman, Chairman Patrick Leahy, the Senator from
Vermont, and Senator Hatch for the dispatch in which they have moved
the nomination of Roger Gregory. Let me congratulate President Bush for
the confidence and good judgment he has shown in nominating Judge
Gregory to be the first African-American to hold a permanent seat on
the Fourth Circuit U.S. Court of Appeals.
Judge Roger L. Gregory is an exemplary citizen of the Commonwealth of
Virginia. He has a sense of the properly restrained role of the
judiciary and is eminently qualified to serve with distinction for many
years, many decades to come.
I respectfully ask my colleagues to join me in confirming Judge
Gregory to the U.S. Court of Appeals for the Fourth Circuit.
The ACTING PRESIDENT pro tempore. The Senator from Montana is
recognized.
Mr. BURNS. Mr. President, first I thank the President of the United
States for his selection, moving the two judges from Montana; I thank
Senator Leahy, my good friend; we have served together in a lot of
different capacities, it seems, over the last 12 years; and my good
friend Senator Hatch, on the Judiciary Committee, for having the
hearings and moving them very quickly. Also, I thank my good friend
from Montana, Senator Baucus. We worked together in order to get these
two judges appointed and confirmed because the workload of the one
judge in Montana is very high right now.
I had the honor of presenting both Sam Haddon and Richard Cebull to
the Judiciary Committee, and now I have the high honor of speaking for
them here on the floor of the Senate. They are without a doubt among
Montana's finest. They are men of the land, but they are also men of
the law. They come with the highest ratings from their peers, and they
fully understand equal justice under law.
Both are outdoorsmen. Both have labored in the vineyards, so to
speak, of their profession, and I highly recommend their confirmation.
I thank them for their willingness to serve the judiciary system, and I
congratulate them and wish them well in their endeavors.
I have no doubt in my mind, and neither should anyone in this body or
the President of the United States, that these two men will serve in
the highest traditions of the American judiciary. I congratulate them.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Virginia.
Mr. WARNER. Mr. President, I ask unanimous consent I may speak for 30
seconds.
Throughout this procedure I worked hard in this case for Roger
Gregory, of course, but I want to extend special recognition to my
staff member, Christian Yiahilos, who has been untiring in his efforts
in research and other matters relating to this nomination. I think we
ought to recognize the valuable support we get from staff, including my
chief of staff, Susan Magill.
Mr. REID. Mr. President, this is truly a historic day for the Senate.
For the first time in our history, this body will confirm an African
American to serve on the United States Court of Appeals for the Fourth
Circuit.
The fact that the Fourth Circuit is home to the highest percentage of
African American residents than all of the Circuit Courts of Appeals
makes this day even more historic.
More importantly, however, the man that the Senate has confirmed to
the Fourth Circuit is truly deserving of this honor.
Roger Gregory is not only a fine legal jurist, he is a good, decent
man.
I commend President Clinton for having the courage to make a recess
appointment of Roger Gregory last year.
I also commend President Bush for showing leadership by reappointing
Judge Gregory earlier this year.
I congratulate the Senate Judiciary Committee for its quick and
unanimous action with respect to this nomination.
Last year, I had the privilege and honor of recommending the first
African American woman to serve on the U.S. Court of Appeals for the
Ninth Circuit.
Judge Johnnie Rawlinson has served the Ninth Circuit with
distinction, and I cannot begin to tell you how proud I am, as are so
many other fellow Nevadans.
Roger Gregory will also bring honor and distinction to the United
States Court of Appeals, and I wish him and his family all the best.
I also congratulate Sam Haddon and Richard Cebull on their
confirmation to the United States District Court for the District of
Montana.
The Haddon and Cebull nominations were also reported out of the
Senate Judiciary Committee by a unanimous vote.
Mr. President, this is so important, because it highlights what the
nomination and confirmation process should be--bipartisan.
There are too many vacancies in the Federal judiciary, and Democrats
and Republicans--the Senate and the White House--must work together in
a bipartisan fashion for the benefit of the federal judiciary and,
ultimately, the American people.
That is precisely what happened with these two highly qualified
judges from Montana, a State that boasts a Democratic Senator in Max
Baucus and a Republican in Conrad Burns.
These two Senators, working closely with President Bush and the White
House, put aside party differences for the benefit of the federal
judiciary in Montana--and ultimately the people of Montana.
[[Page S7992]]
They should be commended.
The relationship between Senator Baucus and Senator Burns reminds me
of what Senator Ensign and I have committed to do for the benefit of
Nevada's federal bench.
Recently, Senator Ensign recommended to President Bush several
candidates for the federal bench in Nevada: State District Judges Mark
Gibbons and Jim Mahan, Las Vegas attorney Walter Cannon, and former
Washoe County District Attorney Larry Hicks.
Senator Ensign and I discussed every candidate before they were
recommended to President Bush, and I fully support his selections.
It has truly been a bipartisan approach with respect to the Federal
bench in Nevada.
Mr. President, that is how it should be.
The ACTING PRESIDENT pro tempore. The Senator from Utah.
Mr. HATCH. I am prepared to yield the remainder of my time. I know we
are committed to a vote.
Mr. LEAHY. Mr. President, I will yield back whatever time I may have,
but first I ask unanimous consent it be in order to ask for the yeas
and nays on the three judicial nominations and ask for the yeas and
nays on all three of them en bloc now.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. LEAHY. Mr President, I ask for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Mr. LEAHY. I yield my time.
The ACTING PRESIDENT pro tempore. All time is yielded back. Under the
previous order, the Senate will now proceed to vote on Executive
Calendar No. 250.
The question is, Will the Senate advise and consent to the nomination
of Roger L. Gregory, of Virginia, to be United States Circuit Judge for
the Fourth Circuit? On this question, the yeas and nays have been
ordered. The clerk will call the roll.
The senior assistant bill clerk called the roll.
Mr. REID. I announce that the Senator from Louisiana (Mr. Breaux) and
the Senator from Arkansas (Mrs. Lincoln) are necessarily absent.
I further announce that, if present and voting, the Senator from
Arkansas (Mrs. Lincoln) would vote ``aye.''
Mr. NICKLES. I announce that the Senator from Missouri (Mr. Bond),
the Senator from Kansas (Mr. Brownback), the Senator from Oklahoma (Mr.
Inhofe), and the Senator from Arizona (Mr. McCain) are necessarily
absent.
I further announce that, if present and voting, the Senator from
Oklahoma (Mr. Inhofe) would vote ``yea.''
The PRESIDING OFFICER (Ms. Stabenow). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 93, nays 1, as follows:
[Rollcall Vote No. 244 Ex.]
YEAS--93
Akaka
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Boxer
Bunning
Burns
Byrd
Campbell
Cantwell
Carnahan
Carper
Chafee
Cleland
Clinton
Cochran
Collins
Conrad
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Domenici
Dorgan
Durbin
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham
Gramm
Grassley
Gregg
Hagel
Harkin
Hatch
Helms
Hollings
Hutchinson
Hutchison
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Leahy
Levin
Lieberman
Lugar
McConnell
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stabenow
Stevens
Thomas
Thompson
Thurmond
Torricelli
Voinovich
Warner
Wellstone
Wyden
NAYS--1
Lott
NOT VOTING--6
Bond
Breaux
Brownback
Inhofe
Lincoln
McCain
The nomination was confirmed.
Mr. LEAHY. Madam President, I move to reconsider the vote.
Mrs. BOXER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. LEAHY. Madam President, I understand the next two votes are 10-
minute votes.
The PRESIDING OFFICER. The Senator is correct.
Mr. LEAHY. This Senator will ask for regular order as soon as the 10
minutes is up.
The PRESIDING OFFICER. Under the previous order, the Senate will now
proceed to vote on Executive Calendar No. 245.
The question is, Will the Senate advise and consent to the nomination
of Sam E. Haddon, of Montana, to be a U.S. District Judge for the
District of Montana? On this question, the yeas and nays have been
ordered, and the clerk will call the roll.
The legislative clerk called the roll.
Mr. REID. I announce that the Senator from Louisiana (Mr. Breaux) is
necessarily absent.
Mr. NICKLES. I announce that the Senator from Missouri (Mr. Bond),
the Senator from Kansas (Mr. Brownback), the Senator from Oklahoma (Mr.
Inhofe), and the Senator from Arizona (Mr. McCain) are necessarily
absent.
I further announce that if present and voting, the Senator from
Oklahoma (Mr. Inhofe) would vote ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 95, nays 0, as follows:
[Rollcall Vote No. 245 Ex.]
YEAS--95
Akaka
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Boxer
Bunning
Burns
Byrd
Campbell
Cantwell
Carnahan
Carper
Chafee
Cleland
Clinton
Cochran
Collins
Conrad
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Domenici
Dorgan
Durbin
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham
Gramm
Grassley
Gregg
Hagel
Harkin
Hatch
Helms
Hollings
Hutchinson
Hutchison
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
McConnell
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stabenow
Stevens
Thomas
Thompson
Thurmond
Torricelli
Voinovich
Warner
Wellstone
Wyden
NOT VOTING--5
Bond
Breaux
Brownback
Inhofe
McCain
The nomination was confirmed.
Mr. LEAHY. I move to reconsider the vote.
Mr. BAUCUS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. Under the previous order, the Senate will now
proceed to vote on Executive Calendar No. 246.
The question is, Will the Senate advise and consent to the nomination
of Richard F. Cebull, of Montana, to be United States District Judge
for the District of Montana? On this question, the yeas and nays have
been ordered. The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. REID. I announce that the Senator from California (Mrs. Boxer),
the Senator from Louisiana (Mr. Breaux), and the Senator from Georgia
(Mr. Miller) are necessarily absent.
Mr. NICKLES. I announce that the Senator from Missouri (Mr. Bond),
the Senator from Kansas (Mr. Brownback), the Senator from Arizona (Mr.
McCain), and the Senator from Oklahoma (Mr. Inhofe) are necessarily
absent.
I further announce that, if present and voting, the Senator from
Oklahoma (Mr. Inhofe) would vote ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 93, nays 0, as follows:
[Rollcall Vote No. 246 Ex.]
YEAS--93
Akaka
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bunning
Burns
Byrd
Campbell
Cantwell
Carnahan
Carper
[[Page S7993]]
Chafee
Cleland
Clinton
Cochran
Collins
Conrad
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Domenici
Dorgan
Durbin
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham
Gramm
Grassley
Gregg
Hagel
Harkin
Hatch
Helms
Hollings
Hutchinson
Hutchison
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
McConnell
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stabenow
Stevens
Thomas
Thompson
Thurmond
Torricelli
Voinovich
Warner
Wellstone
Wyden
NOT VOTING--7
Bond
Boxer
Breaux
Brownback
Inhofe
McCain
Miller
The nomination was confirmed.
Mr. LEAHY. Madam President, I move to reconsider the vote.
Mr. LEVIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from Arkansas.
Mrs. LINCOLN. Madam President, I am sorry; I was absolutely
unavoidably detained. I did miss the first vote this morning by about
20 seconds and would like to be on record in support of vote No. 244.
Had I been here, I would have voted in the affirmative for the
nomination of Mr. Gregory.
Mr. LEAHY. Madam President, I understand we are, by voice vote, going
to do two other nominees: Ralph F. Boyd, Jr., to be the Assistant
Attorney General in charge of the Civil Rights Division, and Eileen
O'Connor to be the Assistant Attorney General for the Tax Division.
It took the Senate the entire month of June to pass S. Res. 120, a
simple resolution reorganizing the Committees. I am sorry that we lost
the month of June to the process of re-organizing the Senate, but I am
proud of the very quick start that the Committee has gotten on holding
hearings and reporting nominees.
I sent out official notice of the Committee's first hearing on
judicial nominations within 10 minutes after Majority Leader Daschle
announced that an agreement had been reached on reorganization. The
hearing was held the day after Committee membership assignments were
completed earlier this month.
We expedited Committee consideration of the nominees by urging all
Senators to propound such follow-up written questions as they thought
necessary as soon as possible after the hearing. I included them on the
Committee agenda for our business meeting this week. At that meeting
yesterday, the Judiciary Committee voted unanimously to report each of
the nominations. Each vote was 19 to 0.
These are the first nominations heard before the Committee, the first
nominations considered by the Committee and will now be the first
judicial nominations considered by the Senate this year. I have only
served as Chairman of the Judiciary Committee since June 5, the Senate
did not adopt its reorganizing resolution until June 29 and Committee
assignments were not made until July 10.
There were no hearings on judicial nominations and no judges
confirmed by the Senate during the months in which I was privileged to
serve as the Ranking Democrat. I chaired the first hearing on July 11.
That was the first hearing on judicial nominations all year and one
more than the Republican Majority had held. The first judge we
confirmed today is one more than all the judges confirmed by the
Republican Majority in the first six months of this year.
I had heard the rumors that Democrats would not hold hearings and
would not consider any of President Bush's judicial nominations and
would not allow the confirmation of any judges. The word was that
Democrats in the Senate would block all the judges. Well, here we are,
having held a hearing noticed minutes after the delay in the Senate's
reorganization finally ended, having proceeded with nominees to both
the Court of Appeals and the District Court the day after Committee
assignments were made, having proceeded with expedited Committee
consideration yesterday and proceeding today to Senate consideration
and what I hope will be confirmation of the first of President Bush's
judicial nominations.