[Congressional Record Volume 149, Number 129 (Thursday, September 18, 2003)]
[Senate]
[Pages S11720-S11721]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          JUDICIAL NOMINATIONS

  Mr. LEAHY. Mr. President, today, we vote to confirm 5 district court 
nominees, including 4 nominees to the U.S. district courts in New York.
  With today's confirmations, the Senate will now have confirmed 151 
judicial nominees for this President. This stands in stark contrast to 
what occurred with judicial nominees during the Clinton administration. 
More than 3 years passed during President Clinton's second term, when 
Republicans controlled the Senate, before the 150th judicial nominee 
was confirmed. It also took more than three years from when the 
Republicans gained control of the Senate majority in 1995 to confirm 
150 judges for President Clinton.
  Moreover, this President's nominees have been considered more 
expeditiously than were his father's or President Reagan's. It took 
President Reagan, during his first term, almost to the end of his 
fourth year to get 150 of his judicial nominees confirmed, and that was 
with a Senate that was controlled by the same party. President Reagan's 
150th judicial nominee was not confirmed until September 17, 1984. It 
also took President George H.W. Bush well into his fourth year to get 
150 of his judicial nominees confirmed. His 150th judicial nominee was 
not confirmed until April 8, 1992.
  In contrast with the shifts in Senate control, it has effectively 
taken just 2 years of rapid Senate action to confirm 150 judicial 
nominees for this President. The fast and fair pace at which this 
Senate has considered this President's nominees is also demonstrated by 
how many circuit court nominees have been confirmed. We have now 
confirmed 28 circuit court nominees for President Bush since July of 
2001, which is more 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.
  In contrast to how President Clinton's nominees were treated, the 
confirmation process for these 5 district court nominees has been 
expeditious and smooth. The 4 New York nominees come to us with broad 
bipartisan support, including the support of their two home-state 
Senators. Their confirmations today show how cooperation can work to 
fill vacancies on the Federal bench with qualified, experienced and 
diverse candidates.
  All four New York nominees were given hearings at the end of July 
under an agreement that allowed them to be on a hearing on an expedited 
basis. This was an example of how the Democratic members of the 
Judiciary Committee cooperated with the President and with the 
Committee's Republican

[[Page S11721]]

majority. Given the nominees' bipartisan support, I expect them to be 
unanimously confirmed today.
  New York is an example of how a bipartisan process can work right to 
equip the Federal bench with excellent and moderate judges. All 4 of 
these nominees have impressive legal careers, and received the highest 
rating from the American Bar Association.
  Justice Feuerstein, nominated to the Eastern District of New York, 
currently serves as a justice in the New York State Appellate Division 
and has served as a judge in the New York State court system for 
approximately 15 years. Justice Feuerstein also has a distinguished 
record of service as a judge beyond her work on the bench, including 
serving as director of the Nassau County Bar Association and as 
president of the Women's Bar Association of the State of New York.
  Mr. Castel, Mr. Holwell, and Mr. Robinson, nominated to the U.S. 
District Court for the Southern District of New York, all have 
significant litigation experience as well as commendable records of 
providing legal services to disadvantaged persons. Peter Castel is 
currently a partner at Cahill Gordon & Reindel and has litigated there 
for over 20 years. Among other civic activities, Mr. Castel has served 
on the board of directors for the Legal Aid Society.
  Richard Holwell has been practicing for over 31 years as a litigation 
attorney with White and Case in New York, where he has served as 
executive partner of the global litigation practice and a member of the 
firm's management board. He has dedicated hundreds of hours to pro bono 
activities every year, and received a Pro Bono Award from the NAACP 
Legal Defense and Education Fund for his services.
  Stephen Robinson has significant experience in litigation and 
investigations. He served as the first African-American U.S. Attorney 
for Connecticut, appointed by former President Clinton, from 1998 to 
2001. Prior to that, he had served as a litigator in private practice, 
as an Assistant U.S. Attorney in the Southern District of New York, and 
as a counsel and special assistant to the Director of the FBI. Mr. 
Robinson has also served as secretary and a member of the board of 
directors of MFY Legal Services, an organization that provides legal 
services to the poor.
  David Proctor is nominated to the U.S. District Court for the 
Northern District of Alabama, and comes to us with experience as a 
private practice attorney and the support of both of his home-state 
Senators. Mr. Proctor is filling a new position that was just created 
on July 15, 2003.
  Finally, I would like to point out that there are now more active 
George W. Bush appointees on the bench than there are active George 
Herbert Walker Bush appointees. The President's father served 4 full 
years. This President has served less than 3 and already has made as 
much impact on the Federal courts across the country.
  We are glad that the Republican leadership has now agreed to confirm 
these consensus nominees. We have and will continue to work with the 
Republican leadership and Administration. We would like to be more 
helpful in the President's identification of nominees and advising him 
on the selection of consensus nominees so that we can join together in 
adding those confirmations to the 151 achieved as of today.

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