[Congressional Record Volume 149, Number 120 (Thursday, September 4, 2003)]
[Senate]
[Pages S11095-S11096]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
______
NOMINATION OF STEVEN M. COLLOTON, OF IOWA, TO BE UNITED STATES CIRCUIT
JUDGE FOR THE EIGHTH CIRCUIT
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to executive session to consider the nomination of Steven
Colloton, to be United States Circuit Judge. The clerk will report the
nomination.
The legislative clerk read the nomination of Steven M. Colloton, of
Iowa, to be United States Circuit Judge for the Eighth Circuit.
The PRESIDING OFFICER. There are now 2 minutes of debate evenly
divided. Who yields time? The Senator from Utah.
Mr. HATCH. Madam President, I rise today to express my unqualified
support for the nomination of Steven Colloton to the Eighth Circuit
Court of Appeals and to urge my colleagues to confirm this fine
nominee.
Mr. Colloton has excellent academic and professional qualifications
for the Federal bench. A graduate of the prestigious Yale Law School,
Mr. Colloton clerked for two distinguished judges, D.C. Circuit Judge
Laurence H. Silberman and U.S. Supreme Court Justice William H.
Rehnquist. Mr. Colloton then worked as an attorney with the White
House's Office of Legal Counsel at the Department of Justice for a year
and then, eager to return to his Midwestern roots, accepted a position
as an assistant U.S. attorney in the Northern District of Iowa.
Mr. Colloton has impressive courtroom experience. He has argued 18
cases in the Federal courts of appeals, and has briefed several other
cases. He has tried approximately 13 criminal cases to verdict. In
addition, as an assistant U.S. attorney, Mr. Colloton was in the
courtroom regularly to argue motions or evidentiary matters. He
oversees an office which includes 25 attorneys.
Twenty-seven past presidents of the Iowa State Bar have written of
Mr. Colloton, ``[W]e submit that the exceptional quality of Mr.
Colloton's experience, together with its relevance to this position,
uniquely qualifies him to represent Iowa on the United States Court of
Appeals.''
I could not agree more. Mr. Colloton has demonstrated his capacity to
excel on the Federal court bench. He possesses the qualifications, the
capacity, and the temperament a judge needs to serve on the Eighth
Circuit.
I thank the Chair. I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Madam President, today, we vote to confirm Steven Colloton
to a lifetime appointment on the United States Court of Appeals for the
Eighth Circuit. Mr. Colloton comes to us with bipartisan support from
both his home-state Senators, for whom I have great respect. Steven
Colloton currently serves as the U.S. Attorney for the Southern
District of Iowa. While I continue to remain concerned that, at 40
years old, Mr. Colloton received a partial not qualified rating from
the ABA, he has a good academic record and has a record of public
service in the state of Iowa.
I note that Mr. Colloton is the ninth confirmed circuit court judge
who is a member of the Federalist Society and the third former member
of Whitewater prosecutor Ken Starr's office to be confirmed to a
Federal judgeship. I would like to take this opportunity to express my
hope that Mr. Colloton acts as a fair and impartial judge, despite his
active role in conservative political causes and groups. It was very
troubling that another former Starr prosecutor confirmed to the Federal
bench overlooked years of precedent to rule in favor of Vice President
Cheney and against the American people's interest in open access to who
was advising the administration on energy policy, a special concern in
the aftermath of the blackouts in the Northeast this August.
Mr. Colloton's confirmation process stands in stark contrast to what
occurred with judicial nominees during the Clinton administration. His
confirmation process has been expeditious and smooth. In contrast, an
earlier nominee to the Eighth Circuit from Iowa, Bonnie Campbell, never
even received a vote before the Judiciary Committee following the
hearing on her nomination. Ms. Campbell was a former attorney general
of Iowa, a former head of the Department of Justice's Office on
Violence Against Women, and a nominee who also had the support of both
of her home-state Senators including a senior Republican Senator.
Neither the nominee nor the Judiciary Committee members were ever told
why the Republican majority refused to accord her nomination a
Committee vote and, when given the chance to do right by her, President
Bush instead decided to withdraw her nomination.
Another contrast exemplified by Mr. Colloton's confirmation process
is the pace of confirming circuit court judges. Steven Colloton will be
the 28th circuit court judge confirmed since President Bush has taken
office. Again, this stands in strong contrast to what occurred during
President Clinton's second term in office. More than 3 years passed in
President Clinton's second term before the 28th circuit court judge was
confirmed. And, we have already confirmed more circuit court nominees
of this President, since July of 2001, than were confirmed at this time
in the third year of President Reagan's first term, President George
H.W. Bush's term, or either of President Clinton's terms.
Finally, I point out that with Mr. Colloton's confirmation, there
will be as many active George W. Bush appointees on the bench as there
are active George Herbert Walker Bush appointees. The President's
father served 4 full years. This President has served less than three
and already has made as much impact on the Federal courts across the
country.
I congratulate Steven Colloton, his family, and the Senators from
Iowa on his confirmation.
Madam President, to reiterate this will be the 28th circuit court
judge confirmed since President Bush has taken office. For those who
are wondering, that is more circuit court nominees confirmed than in
the third year of President Reagan's first term or President George H.
Bush's term or either of President Clinton's terms. We have done far
better, I might say, for President George Bush than we have his three
predecessors.
I will also note a contrast. Mr. Colloton's nomination moved very
quickly, as contrasted to President Clinton's nominee for the same
seat, Bonnie Campbell, who was never given a vote before the Judiciary
Committee. Even though she had been a former attorney general of Iowa,
she was the former head of the Department of Justice's Office of
Violence Against Women, and she had the support of
[[Page S11096]]
both of her home State Senators, she was never given a vote.
The PRESIDING OFFICER. The time of the Senator has expired.
Mr. LEAHY. I will support Steven Colloton.
Mr. GRASSLEY. Madam President, I urge my colleagues to support an
excellent judicial nominee for the U.S. Court of Appeals for the Eighth
Circuit. Steven Colloton is an outstanding individual with an extensive
record of public service and impressive legal career. I am glad that
the Senate is finally voting on this nomination.
Steve Colloton is an Iowan, born in Iowa City. He graduated from
Princeton University and Yale Law School. He served as a law clerk to
Judge Laurence Silberman on U.S. Court of Appeals for the D.C. Circuit,
and then as a law clerk to the Honorable William Rehnquist, Chief
Justice of the U.S. Supreme Court. Subsequently, Steve Colloton worked
as an attorney with the Office of legal Counsel at the Justice
Department and than as an assistance U.S. attorney in the Northern
District of Iowa for 8 years, with a brief detail as an associate
independent counsel in the Office of Independent Counsel. From 1991 to
2001, he was partner at a law firm in Des Moines, IA.
After the 9/11 terrorist attacks, Steve Colloton returned to
government service and was unanimously confirmed by the Senate to the
position of U.S. Attorney for the Southern District of Iowa. There he
has focused his efforts on combating crime and enforcing drug laws, as
well as fighting terrorism. He has done a great job serving our country
as an Iowa U.S. Attorney.
In addition, Steve Colloton has many strong supporters. Twenty-seven
past presidents of the Iowa State Bar wrote that ``the exceptional
quality of Mr. Colloton's experience, together with its relevance to
this position, uniquely qualifies him to represent Iowa on the United
States Court of Appeals.''
Members of the Polk County Chiefs of Police and Sheriff's Association
wrote, ``Steve Colloton is the right choice for the Eighth Circuit
Court Judge position, and we fully endorse President Bush's
nomination.'' Even people who have worked on the other side of Steve
Colloton think very highly of him. George Collins, the attorney for Jim
Guy Tucker, wrote, ``I am convinced Steve Colloton is an honorable man,
and that, when cases come before him, he will call them as he sees
them. . . . I believe that his case will be decided on the law, and, to
the extent applicable, the facts. . . .'' These quotes show just how
much confidence people have that Steve Colloton will make a good Eighth
Circuit judge.
Steve Colloton has all the right qualifications to be a Federal
judge. He is a bright lawyer with tremendous legal experience and who
is well respected by his peers. He is a man who will follow the law and
have a healthy respect for case precedent. He understands that the role
of a judge is to interpret the law, rather than create it. Steve
Colloton will make an excellent judge on the Eighth Circuit, and I urge
my colleagues to join me in supporting his nomination.
Mr. LEAHY. 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 Steven M. Colloton, of Iowa, to be United States Circuit Judge for
the Eighth Circuit? The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. REID. I announce that the Senator from North Carolina (Mr.
Edwards), the Senator from Florida (Mr. Graham), the Senator from
Massachusetts (Mr. Kerry), the Senator from Connecticut (Mr.
Lieberman), and the Senator from Georgia (Mr. Miller) are necessarily
absent.
I further announce that, if present and voting, the Senator from
Massachusetts (Mr. Kerry) would vote ``yea''.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 94, nays 1, as follows:
[Rollcall Vote No. 327 Ex.]
YEAS--94
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Chambliss
Clinton
Cochran
Coleman
Collins
Conrad
Cornyn
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lincoln
Lott
Lugar
McCain
McConnell
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden
NAYS--1
Hollings
NOT VOTING--5
Edwards
Graham (FL)
Kerry
Lieberman
Miller
The nomination was confirmed.
____________________