[Congressional Record Volume 149, Number 136 (Tuesday, September 30, 2003)]
[Senate]
[Pages S12146-S12148]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    NOMINATION OF RONALD A. WHITE, OF OKLAHOMA, TO BE UNITED STATES 
          DISTRICT JUDGE FOR THE EASTERN DISTRICT OF OKLAHOMA

  The PRESIDING OFFICER (Mr. Smith). Under the previous order, the 
clerk will report the next nomination.

[[Page S12147]]

  The assistant legislative clerk read the nomination of Ronald A. 
White, of Oklahoma, to be United States District Judge for the Eastern 
District of Oklahoma.
  The PRESIDING OFFICER. Under the previous order, there are now 2 
minutes for debate equally divided.
  The Senator from Oklahoma.
  Mr. NICKLES. Mr. President, I am happy to recommend, along with 
Senator Inhofe, the nomination of Ron White to be United States 
District Judge for the Eastern District of the State of Oklahoma.
  Ron White has been a partner in a prestigious law firm in Tulsa, OK, 
for 17 years. He is eminently qualified.
  He has considerable experience in major corporate litigation in Tulsa 
with sixty percent of his court appearances taking place in Federal 
court. He is a man of outstanding individual character, and the 
President could not have picked a more qualified person for this job.
  A native of Sapulpa, Ron is a 1983 Phi Beta Kappa graduate of the 
University of Oklahoma. He earned his Juris Doctorate (Cum Laude) from 
the University of Oklahoma College of Law in 1986, where he was a 
member of the Order of the Coif Honor Society.
  Ron is also very active in his community as a member of both the 
Philbrook Museum of Art Masters Society and the Tulsa Ballet Founders 
Society. In addition, he is on the Board of Directors of the Margaret 
Hudson Program, an organization that helps pregnant teens and young 
mothers finish high school.
  Ron has been admitted to the Oklahoma Supreme Court, the U.S. 
District Court for Northern, Western, and Eastern Districts of 
Oklahoma, and the U.S. Court of Appeals. Furthermore, he has been rated 
``unanimously qualified'' by the American Bar Association.
  Ron is exceptionally qualified to serve as Eastern District Judge for 
the State of Oklahoma. The judicial system and our nation as a whole 
will benefit from his service. Senator Inhofe and I are pleased to 
recommend confirmation of Ronald A. White to the Senate.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. Mr. President, I don't think there is any doubt but 
Ronald White is one of the most qualified nominees that we have been 
able to act on and confirm.
  In addition to that, he comes from my hometown of Tulsa. I know him 
well and I know what he does. This is a generous person. He is famous 
for taking indigent cases and not charging fees.
  The Margaret Hudson Program is a program to give alternatives to 
pregnant teens, and he gives his free legal counsel to that.
  He is the type of person certainly deserving from his own personal 
lifestyle as well as his professional qualifications.
  I heartily endorse him.
  Mr. HATCH. Mr. President, I rise today to express my unqualified 
support for the nomination of Ronald White to the Eastern District of 
Oklahoma and to urge my colleagues to confirm this fine nominee.
  Mr. White is a distinguished litigator. After graduating from the 
University of Oklahoma law school in 1986, Mr. White joined the law 
firm of Hall, Estill, Hardwick, Gable, Golden & Nelson in Tulsa. His 
practice has focused on litigation in the areas of tort and insurance 
defense, medical malpractice, corporate litigation, ERISA, and 
telecommunications. Mr. White is a well respected legal practitioner in 
his home State and he will make a fine addition to the Federal bench.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, with our votes on two more judicial 
nominees today, the Senate will have confirmed 60 judges in the 15 
months that Republicans have controlled the Senate majority. In 17 
months, when the Democrats were in the majority, we confirmed 100 
judges. So that means between those confirmed under Republican 
leadership--60--and the 100 under Democratic leadership, we now have 
confirmed 160 in less than 3 years.
  Incidentally, it approaches the 4-year total of President Reagan's 
first term.
  I have expedited confirmation of another Oklahoma nominee, as I 
accommodated Senator Nickles with four nominees when I was chairman, 
and I am happy to accommodate him now.
  I hope the leadership will look to the two much needed nominees for 
the Southern District of California. That is the most overworked 
district in the entire Nation. For some reason, the leadership has not 
brought them up.
  I wish they would. They should be considered on an expedited basis.
  Last night, the Senate unanimously confirmed Judge Carlos Bea of 
California to a lifetime position on the United States Court of Appeals 
for the Ninth Circuit. He is the 29th circuit court nominee of 
President George W. Bush to be confirmed. With this number of 
confirmations, we have reduced the number of vacancies we inherited in 
the summer of 2001 in 8 of the 13 circuit courts and the number of 
vacancies in the other 5 courts has not increased, despite more than a 
dozen additional vacancies that have arisen since then. In contrast, 
during the Clinton administration, Republicans allowed the number of 
circuit court vacancies to more than double, increasing the number of 
vacancies on 9 of the 13 circuit courts.
  As I mentioned last night, the Senate has confirmed 12 circuit court 
nominees of President Bush in this year alone, which is more circuit 
court confirmations than Republicans allowed in 5 of the 6 full years 
they controlled the Senate during the Clinton administration. Last 
night, the Senate confirmed the 58th judicial nominee of President Bush 
this year, which is the same number as Republicans allowed in all of 
1995. With the two confirmations we expect this morning, we will have 
confirmed more judicial nominees of this President this year than in 5 
of the 6 years of Republican control of the Senate.
  At the conclusion of the confirmation votes today, a total of 60 
judicial nominees of President Bush will be confirmed this year, in 
addition to the 100 confirmations during 17 months of the Democratic 
majority in the Senate. This number of confirmations, 160, is 
significantly higher than Republicans allowed by the third year of 
President Clinton's second term, the most recent Presidential term, 
when they allowed 135 judicial nominees of that President to be 
appointed from 1997 through the end of 1999. That year, because the 
Republican chairman insisted that President Clinton nominate Utahan Ted 
Stewart to the district court, no nomination hearings were even held 
until the summer. In all, during the prior 6 years of Republican 
control of the Senate, 248 of President Clinton's district and circuit 
court nominees were confirmed but more than 60 were blocked form 
getting confirmation votes.
  Despite this recent history, Democrats have supported the 
confirmation of 160 of President Bush's judicial nominees. As Senator 
Frist observed on the floor of the Senate last week when six additional 
judicial nominees were confirmed: ``Again, steady progress has been 
made with respect to these judicial nominations.'' The number of 
confirmations in the two home States of the nominees being voted on 
today supports that observation of the majority leader.
  We have already confirmed 13 district court judges to the State of 
Texas and today we vote on the 14th judge appointed to the Federal 
trial courts in Texas, Magistrate Judge Marcia Crone. Despite her 11 
years of service in the Southern District of Texas, Magistrate Judge 
Crone earned a partial ``Not qualified'' rating from the American Bar 
Association, ABA. In all, 23 of President George W. Bush's judicial 
nominees have received minority or majority ratings of ``Not 
qualified'' from the ABA, which is cause for concern. Sometimes we are 
able to deduce the basis of those ratings, but sometimes we cannot. It 
is too bad that the ABA will not provide us with the facts and factors 
behind such ratings. Without that information and based on the record 
we have before us, Magistrate Judge Crone garnered the bipartisan 
support of the Judiciary Committee.
  Magistrate Judge Crone is nominated to 1 of the 15 new seats 
Democrats created to address increased caseloads around the country, 
and once she is sworn in there will be no vacancies in the district 
courts in Texas, a situation that Republicans would not allow when a 
Democrat was in the White House. In fact, had Democrats not created 15 
new seats on the Federal courts when we

[[Page S12148]]

were in the majority last year, there would be fewer than 30 vacancies 
in the Federal courts today. As it stands, with the confirmations 
today, there will be 44 vacancies on the Federal bench, the lowest 
level reached for this President and indeed the lowest number of 
vacancies since 1990.
  Similarly, with the confirmation of Ronald White to the district 
court in Oklahoma, Democrats will have supported the confirmation of a 
judge to a vacancy that arose last Thursday. Senator Nickles has been 
eager to fill this vacancy, which occurred just four business days ago 
and we are accommodating him. When I chaired the committee we similarly 
worked hard to confirm four judicial nominees to vacancies in Oklahoma.
  I must express concern, however, that the Republican leadership has 
chosen to move Mr. White's nomination to such a short-lived vacancy 
ahead of the nominees to the Southern District of California, seats 
that have been greatly needed for years. During the last period of 
Republican control of the Senate, they refused to create seats in 
California to address the growing crisis to that border court. As a 
consequence, this Federal court in San Diego has the highest caseload 
per judge in the Nation, by a significant margin; senior judges have 
been called into continued service handling a large number of cases; 
and one retired judge even passed away in the midst of the stressful 
and pressing caseload of that court. Republican neglect was part of 
their efforts to deny a Democratic President and any opportunity to 
fill those much-needed judgeships. I hope that the Republican 
leadership will turn to the southern California nominees it has now 
skipped without more delay.
  Finally, I note that Mr. White is receiving far more favorable 
bipartisan consideration than the last Ronald White to be nominated to 
the U.S. District Court. Mr. White of Oklahoma is being confirmed 
within 4 months of his nomination, while Missouri Supreme Court Justice 
Ronnie White waited 28 months for a confirmation vote. Justice White, 
who now serves with distinction as the Chief Justice of the Missouri 
Supreme Court, was nominated by President Clinton to the Federal 
district court in June of 1997. The White House consulted at length 
with the home-state Senators and other officials in Missouri to find a 
consensus nominee and chose Justice White who was the first African 
American to serve on the highest court in Missouri. Senator Bond 
supported Justice White's confirmation and then-Senator Ashcroft 
advised that he would not hold his nomination.

  However, the Republican chairman did not schedule a hearing for this 
district court nominee for almost a year. Then, after Justice White's 
nomination was reported favorably by the Judiciary Committee, which 
occurred almost a year after his nomination, the Republican leader 
refused to schedule a vote on the nomination. Justice White's 
nomination languished on the floor from May 1998 until the end of that 
year. He was renominated by President Clinton in January 1999, and the 
Republican chairman refused to place his name on the calendar for a 
vote for 6 months. Once his nomination was reported out favorably a 
second time the Republican leader again delayed a vote on his 
nomination for about 3 months.
  Then, in a surprise move following a Republican caucus meeting in 
October 1999, Justice White nomination was defeated with every 
Republican voting in lock-step against his confirmation, without 
warning and even though some of these Senators had previously voted to 
report his nomination favorably to the Senate. Senator Ashcroft 
maligned Justice White as ``pro-criminal,'' even though Justice White's 
record in criminal and death penalty cases on the Missouri Supreme 
Court was better than some of Senator Ashcroft's appointees to that 
court when he was governor. When President Bush nominated John Ashcroft 
to be Attorney General the outrageousness of the attack on Justice 
White was one of the issues we explored. Senator Specter apologized to 
Justice White for the way he was treated by the Senate.
  Of course, more than 60 of President Clinton's other judicial 
nominees were never allowed a confirmation vote of any kind. Those 63 
other nominations were scuttled by Republicans in the dark of night, 
through secret or anonymous objections. This was their preferred modus 
operandi. Republicans perfected the art of delay by defeat for 
President Clinton's circuit and district court nominees, blocked 63 
while confirming 248 in the 6\1/2\ years of Senate control.
  I think if is time that fair-minded Republicans acknowledge those 
Clinton nominees who were blocked from getting votes, nominations that 
constituted 20 percent of all judicial nominees in those 6 years. That 
record stands in stark contrast to ours, with 160 of President Bush's 
judicial nominees confirmed in less than 3 years, with only three 
blocked so far. The Senate's record on President Bush's judicial 
nominations is now 160 to 3. The Republican record on President 
Clinton's judicial nominees is 248 to 63. The facts demonstrate how 
effectively Republicans prevented confirmation votes on judicial 
nominees, behind closed doors and in secret. Democrats have voted and 
continue to vote on President Bush's judicial nominees in the light of 
day, with full discussion of the serious concerns that surround the 
extreme nominees of this President.

  With a Republican making nominations, the Senate votes today to 
confirm Mr. White of Oklahoma to a seat that has been vacant for less 
than a week. With the delay and attack on President Clinton's nominee 
Justice White, Republicans were content to allow the Missouri District 
Court to remain vacant for 5\1/2\ years, like many other judicial 
vacancies that arose when a Democrat was in the White House and 
Republicans last controlled the confirmation process.
  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 Ronald A. White, of Oklahoma, to be United States District Judge for 
the Eastern District of Oklahoma.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Tennessee (Mr. 
Alexander) and the Senator from New Mexico (Mr. Domenici) are 
necessarily absent.
  Mr. REID. I announce that the Senator from North Carolina (Mr. 
Edwards), the Senator from Florida (Mr. Graham), the Senator from 
Vermont (Mr. Jeffords), the Senator from Massachusetts (Mr. Kerry), and 
the Senator from Connecticut (Mr. Lieberman) 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 93, nays 0, as follows:

                      [Rollcall Vote No. 370 Ex.]

                                YEAS--93

     Akaka
     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
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchison
     Inhofe
     Inouye
     Johnson
     Kennedy
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     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

                             NOT VOTING--7

     Alexander
     Domenici
     Edwards
     Graham (FL)
     Jeffords
     Kerry
     Lieberman
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the President will 
be immediately notified of the Senate's action.




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