[Congressional Record Volume 150, Number 70 (Tuesday, May 18, 2004)]
[Senate]
[Pages S5574-S5575]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
______
NOMINATION OF MARCIA G. COOKE TO BE UNITED STATES DISTRICT JUDGE
Mr. FRIST. I ask unanimous consent that the cloture vote be vitiated
and the Senate proceed to executive session for the consideration of
Calendar No. 606, the nomination of Marcia Cooke to be a United States
district judge for the Southern District of Florida.
I further ask that the Senate proceed to vote on the nomination and
that following the vote the President be immediately notified of the
Senate's action and the Senate then resume legislative session.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the nomination.
The assistant legislative clerk read the nomination of Marcia G.
Cooke, to be United States District Judge for the Southern District of
Florida.
Mr. HATCH. Mr. President, I want my remarks to be thought of as
constructive remarks rather than not constructive.
Yet another week has gone by without this body confirming a judicial
nominee. That makes more than 9 weeks since the last judicial
confirmation. Only four judges have been confirmed this year, and that
is hardly a record of progress.
It is not enough for the minority to point out how many nominees were
confirmed under their watch 2 years ago. We must also look at what is
going on now, and this is a dismal record even for a Presidential
election year.
Over the last six Presidential election years, both Republicans and
Democrats won the White House and both Republicans and Democrats
controlled the Senate. On average, the Senate has confirmed 45 judicial
nominees in the six most recent Presidential election years, and
continued confirmations until October in four of the last six
Presidential election years. At this same point in the last six
Presidential election years, the Senate confirmed, on average, 21
judicial nominees by now. I repeat, so far this year we have confirmed
just four judges.
This is not for any lack of activity on the part of the Judiciary
Committee. The committee is actually one-third ahead of the average for
recent Presidential election years in voting out judicial nominees to
the full Senate. We have held 10 nomination hearings this year alone.
Yet 32 nominees languish on the Senate calendar in a minority-imposed
limbo despite the fact that we all know that if we took the simple up-
or-down votes on each and every one of these nominees that the
Constitution contemplates, it is probable that virtually all 32 of
these nominees would be confirmed.
Fully 22 of the 32 nominees on the calendar were reported out of the
Judiciary Committee without even one negative vote in the Judiciary
Committee. And that is saying something because our committee is known
to be the home of some of the most vigorous debates and debaters in the
Senate. As anyone who has ever attended one of our markups can verify,
no one on the Judiciary Committee is shy about expressing an opinion on
most any subject or reticent to reflect or register a dissenting point
of view.
When a nominee goes through the Judiciary Committee without
opposition, the nominee is truly a consensus candidate of high
qualifications and deserves prompt consideration by the full Senate.
For me and many others, a nominee's American Bar Association rating
is a factor to consider. I do not think it is the be all and end all of
the confirmation process, but it is something that can be helpful in
evaluating a nominee's qualifications. During the Clinton
administration, I can recall that some of my friends on the other side
of the aisle took the position that the ABA rating was the ``gold
standard'' with respect to judicial confirmations.
Well, where are they now when 24 of the 32 nominees on the Executive
Calendar have received the highest rating, ``well qualified,'' by the
ABA? And what is more, 14 of the 24 nominees rated ``well qualified''
by the ABA received this ``well qualified'' rating by a unanimous vote
of the ABA evaluators.
The Constitution requires, and this body has traditionally provided,
a vote for every judicial nominee reaching the full Senate. Every
Clinton nominee that reached the Senate floor got a vote, and President
Clinton nearly broke the all-time confirmation record set by President
Reagan who set this record with 6 years of a Republican-controlled
Senate, while President Clinton only had 2 years of a Democratic-
controlled Senate to help him. President Bush's nominees should receive
the same treatment and get a vote on the floor.
I remain hopeful that this body will not abandon past practice and
extend the recent spate of unprecedented filibusters of appellate court
nominees to district court nominees. That is why I have continued to
encourage the leadership on both sides of the aisle and the White House
to arrive at an acceptable compromise on the 32 judges on the Senate
Calendar.
I fully support the nomination of Ms. Marcia Cooke to serve as a
District Judge on the Southern District of Florida.
Before the Senate votes on the Cooke nomination, it is only
appropriate that we spend a few minutes considering her qualifications.
Currently serving as Miami Dade County's Assistant County Attorney, Ms.
Cooke is one of those nominees who received the ABA's highest ``well-
qualified'' rating. Her experience includes service as both a public
defender and prosecutor, a plaintiff's attorney and defense counsel, a
private practitioner and public servant, and both an advocate and a
jurist. I might add that Ms. Cooke is a graduate of Georgetown
University and is an active leader in that fine school's alumni
association.
Marcia Cooke served for 8 years as a Federal magistrate in Michigan.
She has been an Assistant U.S. Attorney in Michigan and Florida. She
has served as Florida's Chief Inspector General. Both of Florida's
Democrat Senators support her. The position to which she has been
nominated has been vacant so long it is now considered a judicial
emergency. If confirmed she would be the first African-American woman
to serve as a Federal judge in the Southern District of Florida.
It is no wonder why the Judiciary Committee approved her without a
single dissenting vote. Today, the full Senate should act to support
her.
I am pleased that a more reasonable and responsible atmosphere has
returned to the Senate and this cloture vote has been vitiated as part
of a larger agreement on judges.
We should all recognize that a cloture vote on a highly qualified,
highly respected district court nominee such as Marcia Cooke is not a
positive sign. It indicates that our friends across the aisle may be
prepared to extend their policy of delay and filibusters to even
district court nominees.
Many believe that the true target of these unprecedented filibusters
of judicial nominees is to set the stage for the next Supreme Court
vacancies. What
[[Page S5575]]
they are trying to do is to, in effect, rewrite article II, section II,
clause II, of the Constitution to require a 60-vote supermajority for
Supreme Court vacancies. In the process, these misguided efforts have
greatly damaged the confirmation process and diminished our efforts to
work together on all judicial nominees.
Despite many challenges this year on the Judiciary Committee, Senator
Leahy and his Democratic colleagues have worked with us to approve many
highly qualified consensus candidates.
I hope that the progress that we have made in the committee will not
be derailed on the Senate floor.
Mr. President, I wish to express my appreciation to my colleagues for
moving forward on this nomination, and other nominations to follow over
the next few weeks.
I know these have been difficult negotiations. So I express my thanks
to the President, to his chief of staff, Andrew Card, to Senator Frist
and to Senator Daschle for bringing this agreement to the Senate. I
also thank Senator Leahy and other members of the Judiciary Committee
for their cooperation. I look forward to continuing the work of the
Committee, and this agreement will help us in that effort.
Mr. President, I ask unanimous consent that an editorial published
today by the Miami Herald in support of the confirmation of Marcia
Cooke be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Miami Herald, May 18, 2004]
Nomination Faces Key Vote; If Confirmed, Marcia Cooke Would Become the
First Black Woman Appointed to a Federal Judgeship in Florida.; U.S.
Courts
(By Gary Fineout, Frank Davies and Tere Figueras)
Republicans trying to nudge along judicial nominations
made by President Bush will force Democrats today to take a
potentially embarrassing vote on stalling the appointment of
the first black woman to a Federal judgeship in Florida.
Last week, Senate Republicans set in motion today's
scheduled vote to close off debate on the appointment of
Marcia Cooke, an assistant Miami-Dade County Attorney and the
former chief inspector general for Gov. Jeb Bush.
A successful vote for the Republicans would force a final
vote on Cooke's nomination, hastening her ascent to bench of
the Southern District of Florida, which stretches from Fort
Pierce to Key West.
Cooke is caught in a Democratic fight to gain more control
over judicial nominations by blocking confirmation votes on
even noncontroversial nominees like Cooke.
In Tallahassee, the younger brother of the president
called on Democrats to support Cooke's nomination.
``This is ridiculous,'' said Gov. Jeb Bush, who spoke to
reporters following a ceremony marking the 50th anniversary
of the landmark Brown vs. Board of Education Supreme Court
decision. ``Marcia, who served here in Tallahassee, did a
great job as inspector general, is well qualified to be a
Federal judge. If the Democrats hold this up for political
purposes, it stinks.''
The nomination of Cooke has become a small part of a
raging battle over judgeships in the Senate. Cooke is backed
by Sens. Bob Graham and Bill Nelson, both Democrats.
registered democrat
And Cooke, a Bay Harbor Island resident, is herself a
registered Democrat.
But Senate Democrats, angered by Bush administration
``recess appointments'' of other judges, have tried to block
confirmations until an agreement can be reached with the GOP
on how to handle controversial nominees.
Leaders of both parties were still negotiating Monday,
trying to reach some agreement on the process of
appointments. If Cooke is confirmed, she would fill a vacancy
left by the death of pioneering jurist U.S. District Judge
Wilkie D. Ferguson Jr., the first black man appointed to the
Miami-Dade Circuit bench and the Third District Court of
Appeal.
Cooke, 49 and a native of South Carolina, was unanimously
approved by the Senate Judiciary Committee.
A spokesman for Graham said Monday the senator was hopeful
that the nomination would be ultimately approved. ``Sen.
Graham has been very pleased to support Marcia Cooke and
considers her an outstanding nominee,'' said Paul Anderson
from his Washington office. ``He hopes some agreement can be
reached to avoid partisan gamesmanship on the floor
tomorrow.''
It takes 60 votes for the motion to close debate to
succeed. There are 51 Republicans in the U.S. Senate, meaning
the nine Democrats would have to support the motion in order
for it to pass.
Anderson predicted that when Cooke's name went before the
full Senate that she would be ``overwhelmingly'' approved.
``There should be no need for a procedural vote,'' said
Anderson. ``We hope the opportunity will present itself soon
for an up or down vote. When that vote comes, she should pass
overwhelmingly.''
tapped by gov. bush
Cooke earned a degree from Georgetown University in
Washington D.C. and a law degree from Wayne State University
in Michigan. She worked for legal aid and neighborhood legal
services in Michigan before earning a spot as a Federal
magistrate judge in the Eastern District of Michigan. She
worked seven years for the U.S. Attorney's Office in Miami
before Gov. Bush tapped her as his chief inspector general in
1999.
She has been an assistant county attorney for Miami-Dade
County since 2002, and has also served as an adjunct
professor at the University of Miami law school.
``She will be an excellent addition to that Federal
bench,'' said former U.S. Attorney Roberto Martinez. ``That
she would be the first African American female Federal judge
in the state is important. but her qualities and attributes
go beyond her ethnic background.''
The PRESIDING OFFICER. The question is, Will the Senate advise and
consent to the nomination of Marcia G. Cooke, of Florida, to be United
States District Judge for the Southern District of Florida?
Mr. FRIST. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. McCONNELL. I announce that the Senator from Kentucky (Mr.
Bunning) is necessarily absent.
I further announce that if present and voting the Senator from
Kentucky (Mr. Bunning) would vote ``yea.''
Mr. REID. I announce that the Senator from Hawaii (Mr. Inouye), the
Senator from Massachusetts (Mr. Kerry), and the Senator from New Jersey
(Mr. Lautenberg) are necessarily absent.
The result was announced--yeas 96, nays 0, as follows:
[Rollcall Vote No. 97 Ex.]
YEAS--96
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Chambliss
Clinton
Cochran
Coleman
Collins
Conrad
Cornyn
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (FL)
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Inhofe
Jeffords
Johnson
Kennedy
Kohl
Kyl
Landrieu
Leahy
Levin
Lieberman
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--4
Bunning
Inouye
Kerry
Lautenberg
The nomination was confirmed.
The PRESIDING OFFICER. The President will be immediately notified of
the Senate's action.
____________________