[Congressional Record Volume 148, Number 120 (Friday, September 20, 2002)]
[Senate]
[Pages S8958-S8960]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

  NOMINATION OF REENA RAGGI TO BE UNITED STATES CIRCUIT JUDGE FOR THE 
                             SECOND CIRCUIT

  The ACTING PRESIDENT pro tempore. Under the previous order, the hour 
of 10:29 a.m. having arrived, the Senate will proceed to executive 
session and consider Executive Calendar No. 1006, which the clerk will 
report.
  The assistant legislative clerk read the nomination of Reena Raggi, 
of New York, to be United States Circuit Judge for the Second Circuit.
  Mr. LEAHY. Madam President, today the Senate will confirm the 
nomination of Judge Reena Raggi to the United States Court of Appeals 
for the Second Circuit. This is the 14th circuit court nominee to be 
considered by the Senate since the change in Senate majority and 
reorganization of the Judiciary Committee 14 months ago. That is an 
average of one Court of Appeals judge a month since the Democratic 
majority has been in place. This pace is almost double that maintained 
by the Republicans during their 6\1/2\ years of control of the Senate. 
This is also the 78th judicial nominee we have confirmed in the past 14 
months.
  In contrast, our Republican predecessors voted on only 46 of 
President Clinton's more moderate Court of Appeals nominations in their 
76 months of control for an average of closer to one circuit court 
confirmation every other month. In fact, during the entire 1996 session 
the Senate Republicans stalled all Court of Appeals nominees and not a 
single one was confirmed. Court of Appeals vacancies went from 16, when 
the Republicans took over in January 1995, to 33 by the time they 
finally relinquished control last summer and allowed the Judiciary 
Committee to reorganize. During the Republican stall on judicial 
confirmations, vacancies more than doubled on the Courts of Appeals. 
However, since last summer, the Democratic majority has exceeded the 
rate of attrition and confirmed 14 circuit court judges, in addition to 
64 district court judges. Even with extraordinary attrition of 10 new 
circuit vacancies during this period, we have lowered the number of 
Court of Appeals vacancies from the 41 it would have been if Democrats 
were blocking judges as Republicans falsely claim, to 27.
  There are now fewer circuit court vacancies than when the 107th 
Congress began. Republicans confirmed no circuit court nominees or any 
judicial nominees during their 6 months of control last year. They 
could have confirmed some of the nine circuit judges re-nominated by 
President Clinton, if they were truly concerned about the circuit court 
vacancy level. They could have done that to demonstrate some commitment 
to fairness and the bipartisanship they claim. But they did not. The 
President could have urged that those circuit court nominees be 
confirmed to demonstrate true bipartisanship and to address the 
injustices of the stalling tactics of the members of his party in the 
Senate. He did not. Instead, he withdrew all those circuit court 
nominees last spring then later renominated only one of them, 
occasioning more needless delay.
  I would like to reflect on what could have been, but for the 
purposeful obstruction by Republican Senators of the confirmation of 
more than a score of President Clinton's circuit court nominees. If 
Republicans had not blocked the confirmation of almost two dozen, 22, 
circuit court nominees, and many more district court nominees, 
Democrats on the Judiciary Committee would have begun with 11 circuit 
court vacancies, instead of the 33 we inherited. With the 10 new 
circuit court vacancies that arose over these past 14 months, there 
would have been a total of 24 circuit court vacancies for this 
President to fill. Given the Democratic pace of considering circuit 
court nominees, even without any significant cooperation or 
consultation from the White House, our circuit courts would today be 
left with only 10 vacancies. That is what might have been, but for the 
determined, strategic blocking of so many circuit court nominees during 
the 6\1/2\ years of Republican control of the Senate. Instead, after 14 
circuit confirmations, there remain 27 circuit court vacancies--still 
fewer than at the start of this Congress but far from where we could 
have been.
  The Judiciary Committee has already voted on 83 of this President's 
judicial nominees, including 17 nominees to the Courts of Appeal. Two 
additional circuit court nominees have had hearings and another is 
scheduled for a hearing this coming week. The Senate Judiciary 
Committee has already voted on more circuit and district court nominees 
than in any of the previous 6\1/2\ years of Republican control. In 
fact, Democrats have given votes to more judicial nominees and, in 
particular, to more nominees to the Courts of Appeals, than in 1996 and 
1997 combined, and than in the last 30 months of the Republican 
majority control in 1999, 2000 and early 2001.
  Judge Raggi was appointed to the Federal trial court in 1987 by 
President Ronald Reagan. She has a solid record of accomplishment in 
both the private and public sectors. She received the strong support of 
her two Democratic Senators, Chuck Schumer and Hillary Rodham Clinton, 
and of the New York legal community. Even though Judge Raggi is a 
conservative Republican, we have every reason to believe that she will 
serve with distinction on the Second Circuit as a fair and impartial 
judge.
  Her record is in sharp contrast to the record of the other circuit 
court nominee that the Judiciary Committee considered on the very same 
day: Justice Priscilla Owen, a nominee whose record was too extreme 
even for the very conservative Texas Supreme Court. Justice Owen's 
written opinions demonstrated her willingness to substitute her policy 
preferences for those of the Texas legislature and her determination to 
distort precedent. Even her fellow judges criticized her approach.
  The administration's claim that Democrat's have created a glass 
ceiling for female judicial nominees is patently ridiculous. It is 
unfortunate that just 21 percent of President George W. Bush's judicial 
nominees are women, in contrast to 30 percent of President Clinton's 
judicial nominees. The percentage of women nominated by this President 
has been cut by almost a third compared with the prior administration. 
In fact, so far, President

[[Page S8959]]

George W. Bush is appointing almost the same proportion of women to the 
Federal bench as his father, despite the passage of more than a decade 
since then in which the number of women practicing law and with 
judicial experience has increased exponentially.
  With today's vote, the Democratic-led Senate has already confirmed 17 
female judicial nominees of this President, including four to the 
Courts of Appeal Judge Edith Brown Clement to the Fifth Circuit, the 
first nominee to be confirmed to that court in more than 6 years; Judge 
Julia Smith Gibbons to the Sixth Circuit, the first nominee to be 
confirmed to that court in more than 5 years; Judge Sharon Prost to the 
Federal Circuit; and now Judge Reena Raggi to the Second Circuit. In 
all, Democrats have held hearings for 19 of the women nominated to the 
Federal bench by this President, and 18 of them have been voted on by 
the Judiciary Committee. A few of the remaining female nominees lack 
home-State consent, and some were nominated only recently and so lack 
completed paperwork. This Democratic-led Senate has regularly scheduled 
hearings and votes, unlike during the prior 6\1/2\ years of Republican 
control when so many women and minorities nominated to the Federal 
bench were never accorded hearings or votes.
  Today's vote serves as another example of the Democrats ' proven 
record of action and fairness on this President's judicial nominees. 
Judge Raggi is a conservative Republican. I voted for her confirmation 
in committee and vote to confirm her today, based on her overall 
record, her testimony before the committee and the bipartisan support 
she has received. Far from payback for Republican actions in the recent 
past, today's Democratic-led Senate's action is being taken 
notwithstanding those wrongs and to help fill vacancies that Republican 
obstruction helped create.
  Despite the right-wing and partisan din about blockades and 
obstructionism, Democrats are actually achieving almost twice as much 
as our Republican counterparts did to provide judicial resources to the 
Federal courts. We would be even farther along if so many circuit court 
nominees of the prior administration had not been purposely blocked and 
defeated, and if we received more timely reviews from the ABA, and 
received the nominations of more moderate, mainstream judicial 
nominees.
  Mr. HATCH. Madam President, I am very pleased that the Senate has 
taken up the nomination of Judge Reena Raggi to the Second Circuit 
Court of Appeals. She is a truly exceptional nominee with wide and well 
deserved bipartisan support.
  We first became aware of Judge Raggi's outstanding credentials 
fifteen years ago, when the Senate confirmed to her nomination as a 
district judge for the Eastern District of New York. She received her 
Bachelor of Arts degree from Wellesley College and went on to graduate 
cum laude from Harvard Law School. She clerked for Judge Thomas E. 
Fairchild, then Chief Judge of the U.S. Court of Appeals for the 
Seventh Circuit, before working as an associate at the law firm of 
Cahill, Gordon & Reindel.
  She then entered public service in Brooklyn, New York as an Assistant 
U.S. Attorney for the Eastern District of New York. She quickly rose 
through the ranks of the U.S. Attorney's Office, first to become head 
of the Narcotics Unit, then Chief of Special Prosecutions, which is in 
charge of prosecuting public corruption. In 1986, the Eastern District 
Board of Judges appointed here interim United States Attorney pending 
the Senate confirmation of a presidential nominee. A year later, Judge 
Raggi was nominated and confirmed as a district court judge.
  That was 15 years ago. Today, I am proud to say that Judge Raggi has 
continued to serve as a jurist of the highest level of excellence. In 
fact, for the first 7 years of her tenure as a district judge, she was 
the least reversed judge in the Second Circuit.
  Judge Raggi has presided over some of the most famous and infamous 
cases to be tried in New York's Federal court. Recently, she was the 
judge in the civil rights prosecution of former New York City police 
officer Charles Schwartz for the sexual battery of Abner Louima. We are 
all sadly familiar with the facts of Mr. Louima's case: While in police 
custody, officers savagely beat him in the bathroom of a New York City 
precinct house. This case was ramanded to Judge Raggi's court by the 
Second Circuit for retrial following the death of the original trial 
court judge. The retrial resulted in a perjury conviction against Mr. 
Schwartz.
  Judge Raggi also presided over the trial of Thomas ``Tommy Karate'' 
Pitera, the first Federal death penalty case in New York in three 
decades.
  Beginning in 1993, Judge Raggi presided over a series of cases 
stemming from the alien smuggling scandal of the ``Golden Venture,'' a 
freighter that ran aground in Rockaway, NY. Almost 300 illegal aliens 
transported in deplorable conditions had to swim for shore, and 10 of 
the passengers died escaping the ship. The judge in 1994 rejected plea 
bargains reached by the government with seven of the Golden Venture 
defendants, finding that sentences of between 12 to 30 months in prison 
did not ``adequately do justice'' because the terms did not reflect the 
seriousness of the crimes.
  Judge Raggi also played a significant role in the war against 
terrorism. In 1998, she oversaw the trial of Palestinian terrorist Gazi 
Abu Mezer, who was convicted of plotting a subway bombing aimed at 
Jews. The judge sentenced Mr. Mezer to life in prison.
  All of this hard work and dedication to the law is reflected in Judge 
Raggi's ABA rating of unanimously ``Well Qualified.'' This rating, of 
course, is the highest that the ABA awards. Her excellence has been 
reflected by the Second Circuit Court of Appeals' invitation to have 
her sit by designation on many of its panels.
  Clearly, Judge Raggi represents the very best in our Nation's judges 
and will be an outstanding addition to the Second Circuit. I look 
forward to voting in favor of her nomination and hearing of her 
accomplishments in the future.
  The ACTING PRESIDENT pro tempore. The question is, Will the Senate 
advise and consent to the nomination of Reena Raggi, of New York, to be 
United States Circuit Judge for the Second Circuit? 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 Massachusetts (Mr. Kennedy), the Senator from 
Massachusetts (Mr. Kerry), the Senator from Maryland (Mr. Sarbanes), 
the Senator from New Jersey (Mr. Torricelli), and the Senator from 
Minnesota (Mr. Wellstone) and are necessarily absent.
  Mr. NICKLES. I announce that the Senator from Nevada (Mr. Ensign), 
the Senator from Wyoming (Mr. Enzi), the Senator from North Carolina 
(Mr. Helms), the Senator from Alaska (Mr. Murkowski), the Senator from 
Kansas, (Mr. Roberts), the Senator from Alabama (Mr. Sessions), the 
Senator from Oregon (Mr. Smith), the Senator from Wyoming (Mr. Thomas), 
and the Senator from Tennessee (Mr. Thompson) are necessarily absent.
  The ACTING PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 85, nays 0, as follows:

                      [Rollcall Vote No. 219 Ex.]

                                YEAS--85

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Rockefeller
     Santorum
     Schumer
     Shelby
     Smith (NH)
     Snowe
     Specter
     Stabenow
     Stevens
     Thurmond
     Voinovich
     Warner
     Wyden

[[Page S8960]]



                             NOT VOTING--15

     Boxer
     Ensign
     Enzi
     Helms
     Kennedy
     Kerry
     Murkowski
     Roberts
     Sarbanes
     Sessions
     Smith (OR)
     Thomas
     Thompson
     Torricelli
     Wellstone
  The nomination was confirmed.
  The ACTING PRESIDENT pro tempore. The President shall be immediately 
notified of the Senate's action.

                          ____________________