[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.

                          ____________________