[Congressional Record Volume 152, Number 96 (Thursday, July 20, 2006)]
[Senate]
[Pages S8032-S8036]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

NOMINATION OF NEIL M. GORSUCH TO BE UNITED STATES CIRCUIT JUDGE FOR THE 
                             TENTH CIRCUIT

                                 ______
                                 

 NOMINATION OF BOBBY E. SHEPHERD TO BE UNITED STATES CIRCUIT JUDGE FOR 
                           THE EIGHTH CIRCUIT

                                 ______
                                 

  NOMINATION OF DANIEL PORTER JORDAN III TO BE UNITED STATES DISTRICT 
             JUDGE FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

                                 ______
                                 

NOMINATION OF GUSTAVO ANTONIO GELPI TO BE UNITED STATES DISTRICT JUDGE 
                    FOR THE DISTRICT OF PUERTO RICO

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nominations, 
which the clerk will report.
  The legislative clerk read the nominations of Neil M. Gorsuch, of 
Colorado, to be United States Circuit Judge for the Tenth Circuit; 
Bobby E. Shepherd, of Arkansas, to be United States Circuit Judge for 
the Eighth Circuit; Daniel Porter Jordan III, of Mississippi, to be 
United States District Judge for the Southern District of Mississippi; 
and Gustavo Antonio Gelpi, of Puerto Rico, to be United States District 
Judge for the District of Puerto Rico.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. SPECTER. In my capacity as chairman of the Judiciary Committee, I 
seek recognition to speak briefly on four judicial nominees currently 
before the Senate.
  I begin with the nomination of Neil M. Gorsuch to be a judge for the 
U.S. Court of Appeals for the 10th Circuit. Mr. Gorsuch has an 
excellent academic background with a bachelor's with honors from 
Columbia University, 1988, a law degree with honors from Harvard Law 
School in 1991, a Doctorate of Philosophy from Oxford University in 
2004.
  He clerked for Judge David Sentelle of the Court of Appeals for the 
District of Columbia. He was a law clerk for Supreme Court Justice 
Byron White and Supreme Court Justice Anthony Kennedy.
  He was a partner in the distinguished law firm of Kellogg, Huber, 
Hansen, and principal deputy to the Associate Attorney General for the 
Department of Justice from 2005 to the present.
  I also support the nomination of Bobby Ed Shepherd to be a judge for 
the U.S. Court of Appeals for the Eighth Circuit.
  He is a candidate with an excellent academic record. He earned his 
bachelor's degree, magna cum laude, in 1973 from Ouachita Baptist 
University, and law degree with high honors from the University of 
Arkansas in 1976. He had a varied legal practice as a solo practitioner 
and as a partner with various law firms, most recently Landers & 
Shepherd. In 1991, Judge Shepherd was elected a circuit-chancery judge 
for the 13th judicial district for the State of Arkansas. Since 1993 he 
has served as a United States Magistrate Judge for the United States 
District Court for the Western District of Arkansas.
  Judge Shepherd, like Mr. Gorsuch, has come to this position with 
unanimous approval. We expect their confirmation on a voice vote later 
today.
  I also support the nomination of Daniel Porter Jordan III to be a 
judge for the United States District Court for the Southern District of 
Mississippi.
  He received a bachelor's degree from the University of Mississippi in 
1987 and a law degree from the University of Virginia Law School in 
1993. He was a legislative assistant to Senator Trent Lott. He was an 
associate of the law firm of Butler, Snow from 1993 to 1999 and has 
been an equity member, equivalent of partner, since 2000.
  Again, Mr. Jordan has, I believe, unanimous support. We expect him to 
be confirmed later this evening on a voice vote.
  I also support the nomination of Gustavo Antonio Gelpi to be U.S. 
District Judge for the District of Puerto Rico. Mr. Gelpi has a 
bachelor's degree from Brandeis University and a law degree from 
Suffolk University Law School. He was a law clerk to Federal Judge Juan 
Perez-Gimenez and later served in the Office of the Federal Public 
Defender, before joining the Puerto Rican Department of Justice. At 
that Department he served as an assistant to the Attorney General of 
Puerto Rico before becoming Deputy Attorney General for the Puerto 
Rican Office of Legal Counsel.
  I ask unanimous consent the complete resumes of these distinguished 
nominees be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                            Neil M. Gorsuch


          United States Court of Appeals for the Tenth Circuit

       Birth: Aug. 29, 1967, Denver, Colorado
       Legal Residence: Virginia
       Education: B.A. with honors, Columbia University, 1988; 
     J.D. with honors, Harvard Law School, 1991; D. Phil., Oxford 
     University, 2004.
       Employment: Law clerk, Judge David B. Sentelle, United 
     States Court of Appeals for the D.C. Circuit, 1991-1992; Law 
     clerk, U.S. Supreme Court justices Byron White and Anthony 
     Kennedy, 1993-1994; Kellogg, Huber, Hansen, Todd, Evans & 
     Figel, PLLC, 1995-2005 (partner 1998-2005; associate 1995-
     1997); Principal Deputy to the Associate Attorney General, 
     United States Department of Justice, 2005-present.
       Selected Activities: American Bar Association, c. 2002-
     present; American Trial Lawyers Association, c. 2002-present; 
     Phi Beta Kappa; Republican National Lawyers Association; 
     Member of the New York, Colorado, and District of Columbia 
     bars.
       Neil M. Gorsuch was nominated by President Bush to be a 
     Judge on the U.S. Court of Appeals for the Tenth Circuit on 
     May 10, 2006. A hearing was held on his nomination on June 
     21, 2006. He was reported out of the Committee on July 13, 
     2006 by a voice vote.
       Mr. Gorsuch received his B.A. from Columbia University in 
     1988, where he graduated with honors. In 1991, he received 
     his J.D. from Harvard Law School, again graduating with 
     honors. In 2004, he received a doctorate in legal philosophy 
     from Oxford University.
       Mr. Gorsuch has had a brilliant career as a lawyer and 
     scholar.
       Following law school he served as a law clerk to Judge 
     David B. Sentelle of the U.S. Court of Appeals for the D.C. 
     Circuit.
       He then had the rare distinction of clerking for two 
     Supreme Court justices. Between 1993 and 1994, he served as a 
     law clerk to Justices Byron White and Anthony Kennedy. Mr. 
     Gorsuch's work with Justice White occurred just after the 
     justice retired from the Supreme Court, so he assisted the 
     former justice with his work on the Tenth Circuit, where he 
     sat by designation.
       In 1995, Mr. Gorsuch joined the law firm of Kellogg, Huber, 
     Hansen, Todd, Evans & Figel, PLLC, where he served as an 
     associate until 1997 and as partner from 1998 to 2005. At 
     Kellogg, he handled a wide range of commercial matters, 
     including contracts, antitrust, RICO, and securities fraud.
       Since June 2005, Mr. Gorsuch has served as Principal Deputy 
     to the Associate Attorney General, Robert McCallum. The 
     Associate Attorney General, of course, is the third ranking 
     officer in the Department of Justice. As his Principal 
     Deputy, Mr. Gorsuch assists in managing the Department's 
     civil litigation components which include the Antitrust, 
     Civil, Civil Rights, Environment, and Tax Divisions.
       Mr. Gorsuch has received a unanimous ``Well Qualified'' 
     rating from the American Bar Association.
                                  ____


                           Bobby Ed Shepherd


         United States Court of Appeals for the Eighth Circuit

       Birth: November 18, 1951, Arkadelphia, Arkansas.
       Legal Residence: Arkansas.
       Education: B.A., magna cum laude, 1973, Ouachita Baptist 
     University; J.D., with high honors, 1975, University of 
     Arkansas School of Law.
       Employment: Associate, Spencer, Spencer & Shepherd, P.A., 
     1981-1984; Attorney, solo practice, 1984-1987; Partner, 
     Landers & Shepherd, 1987-1990; Circuit-Chancery Judge, 13th 
     Judicial District, State of Arkansas, 1991-1993; U.S. 
     Magistrate Judge, U.S. District Court for the Western 
     District of Arkansas, 1993-present.
       Selected Activities: Director, Boys and Girls Club of El 
     Dorado, 1985-present; Member, Arkansas Bar Association; 
     Member,

[[Page S8033]]

     House of Delegates, 1985-1986; Member, Executive Council, 
     1985-1988; U.S. Army Reserve, 1973-1981--honorably discharged 
     as First Lieutenant.
       President Bush nominated Magistrate Judge Bobby E. Shepherd 
     to be a Judge on the U.S. Court of Appeals for the Eight 
     Circuit on May 18, 2006. He received a hearing on June 28. He 
     was reported out of Committee on July 13, 2006 by a voice 
     vote.
       Judge Shepherd has a long and distinguished legal career in 
     Western Arkansas during which he has handled a wide range of 
     legal issues, both civil and criminal, as a judge and as an 
     advocate.
       Judge Shepherd received his B.A., cum laude, from Ouachita 
     Baptist University in 1973 and his J.D., with high honors, 
     from University of Arkansas School of Law in 1976.
       Upon graduating from law school, he embarked on a career as 
     a private attorney in western Arkansas. Practicing as either 
     a solo practitioner or in small partnerships, Judge Shepherd 
     was a true general practitioner. He handled personal injury 
     cases, collections, domestic relations, probate, criminal 
     defense, banking, real estate and other matters. During this 
     period of his career he tried over 150 cases to verdict.
       In 1991, Judge Shepherd was elected as a Circuit-Chancery 
     Court Judge in Arkansas's 13th Judicial District. In that 
     capacity he presided in over 30 major felony jury trials 
     including capital murder cases.
       Since 1993, Judge Shepherd has served as a United States 
     Magistrate Judge in the Western District of Arkansas.
       The American Bar Association has unanimously rate Judge 
     Shepherd ``Well Qualified'' to serve on the Eighth Circuit.

                        Daniel Porter Jordan III


        District Court for the Southern District of Mississippi

       Education: B.B.A., 1987, University of Mississippi; J.D., 
     1993, University of Virginia Law School.
       Employment: Legislative Assistant, Office of Senator Trent 
     Lott, 1989-1990; Associate, Butler, Snow, O'Mara, Stevens, & 
     Cannada, 1993-1999; Equity Member, Butler, Snow, O'Mara, 
     Stevens, & Cannada, 2000-present.
       Selected Activities: Member, Mississippi Bar Association--
     Secretary/Treasurer, Litigation Section, 2005-present; 
     Member, Board of Directors, 2002-present; Member, Nominating 
     Committee, 7th Circuit Court District, 1999--Member, American 
     Bar Association, Tort Trial & Insurance Practice Section; 
     Member, International Association of Defense Counsel; 
     Coordinator, Mississippi Volunteer Lawyer Project: Stewpot 
     Legal Clinic, 2005-present; Special Counsel, City of Jackson; 
     Chairman, Madison County Republican Party, 2001-2004.
       Daniel Porter Jordan III, was nominated by President Bush 
     to be a Judge on the U.S. District Court for the Southern 
     District of Mississippi on April 24, 2006. His hearing was on 
     June 15, 2006 and he was voted out of the Judiciary Committee 
     on July 13, 2006.
       Mr. Jordan received his B.B.A. from the University of 
     Mississippi in 1987, and his J.D. from the University of 
     Virginia School of Law in 1993.
       Mr. Jordan has had a distinguished legal career and will 
     bring significant legal experience to the Federal bench. 
     Prior to attending law school, Mr. Jordan was a Legislative 
     assistant for Senator Trent Lott. Following law school, Mr. 
     Jordan joined Butler, Snow, O'Mara, Stevens & Cannada as an 
     Associate. Since 2000, Mr. Jordan has been an Equity Member 
     of the firm, focusing on products liability litigation. More 
     recently, he has gained significant experience mediating 
     cases.
       Mr. Jordan has been very involved with the Mississippi Bar 
     Association, including serving as a member of the Board of 
     Directors and both Secretary and Treasurer of the Litigation 
     Section.
       Mr. Jordan has been active in pro bono activities and was 
     awarded the Hinds County Bar Association Pro Bono Award in 
     2005.
       Mr. Jordan received a ``qualified'' rating by the American 
     Bar Association.

                         Gustavo Antonio Gelpi


          U.S. District Judge for the District of Puerto Rico

       Birth: 1965, San Juan, Puerto Rico.
       Legal Residence: Puerto Rico.
       Education:
       1983-1987, Brandeis University, B.A. degree.
       1988-1991, Suffolk University Law School, J.D. degree.
       Bar Admittance: 1992, Puerto Rico.
       Experience: 1991-1993, United States District Court, 
     District of Puerto Rico, Law Clerk to the Hon. Juan M. Perez-
     Gimenez.
       1993-1997, Office of Federal Public Defender, Assistant 
     Federal Public Defender.
       1997-1999, Puerto Rico Department of Justice, Assistant to 
     the Attorney General (1997). Deputy Attorney General for the 
     Office of Legal Counsel (1997-1999).
       1999-2000, Commonwealth of Puerto Rico Solicitor General.
       2001, McConnell Valdes, Special Litigation Counsel.
       2001-present, United States District Court, District of 
     Puerto Rico, United States Magistrate Judge.
       Judge Gelpi was nominated by President Bush to be a Judge 
     on the U.S. District Court for the District of Puerto Rico on 
     April 24, 2006. He received a hearing on June 15. He was 
     reported out of Committee on July 13, 2006 by a voice vote.
       Judge Gelpi graduated from Brandeis University in 1987, and 
     received his J.D. from the Suffolk University Law School in 
     1991.
       He began his legal career clerking for the Honorable Juan 
     M. Perez-Gimenez on the U.S. District Court for the District 
     of Puerto Rico.
       Following his clerkship, Judge Gelpi joined the Office of 
     the Federal Public Defender for the District of Puerto Rico 
     as an Assistant Federal Public Defender. In that capacity he 
     provided legal assistance to indigent defendants in criminal 
     cases. During his time in the Public Defender's Office, he 
     served as Special Counsel to the U.S. Sentencing Commission 
     where he worked on revisions to the Sentencing Guidelines.
       In 1997, Judge Gelpi joined the Puerto Rico Department of 
     Justice as Assistant to the Attorney General, later that year 
     he joined the Department's Office of Legal Counsel.
       In 1999, Judge Gelpi began serving as Puerto Rico's 
     Solicitor General.
       Following a year as Solicitor General, Judge Gelpi entered 
     private practice with San Juan firm McConnell Valdes where he 
     worked on commercial litigation.
       In 2001, Judge Gelpi was appointed to serve as U.S. 
     Magistrate Judge for the District of Puerto Rico. In that 
     capacity, his recommendations have consistently been adopted 
     by the District Court.
       The American Bar Association unanimously rated Judge Gelpi 
     ``Qualified.''

  Mr. LEAHY. Today the Senate will confirm four more lifetime 
appointments to our Federal courts, including two more nominees to 
important Federal circuit courts. Judge Bobby E. Shepherd, who has been 
nominated for a seat on the U.S. Court of Appeals for the Eighth 
Circuit, is a U.S. magistrate judge and former Arkansas State circuit-
chancery judge who has the support of both home State Democratic 
Senators. We were pleased to be able to expedite his nomination through 
the committee and bring him to the floor so quickly. Neil Gorsuch has 
been nominated to the Court of Appeals for the Tenth Circuit. I know 
that Senator Salazar is pleased that we were able to move his 
nomination quickly as well. Today we also consider two district court 
nominees, Daniel P. Jordan, III, who has been nominated to be a judge 
on the U.S. District Court for the Southern District of Mississippi, 
and Gustavo A. Gelpi, who has been nominated to be a judge on the U.S. 
District Court for the District of Puerto Rico. I have heard plaudits 
from around the country for Judge Gelpi.
  When they are confirmed, Judge Shepherd and Mr. Gorsuch will be the 
fifth and sixth circuit court nominees confirmed this year. Along with 
Judge Gelpi and Mr. Jordan, we will have confirmed 28 judges this year. 
This far surpasses the total number of judges confirmed in the 1996 
congressional session, when Republicans controlled the Senate and 
stalled the nominations of President Clinton in an election year. In 
the 1996 session, Republicans would not confirm a single appellate 
court judge, compared to six already this year. All 17 confirmations in 
1996 were district court nominees. That is the only session I can 
remember in which the Senate refused to consider a single appellate 
court nomination. That was part of their pocket filibuster strategy to 
stall and maintain vacancies in an election year with the hope that a 
Republican President could pack the courts and tilt them decidedly to 
the right. In the important DC Circuit, the confirmation of Brett 
Kavanaugh was the culmination of the Republicans' decade-long attempt 
to pack the DC Circuit that began with the stalling of Merrick 
Garland's nomination in 1996 and continued with the blocking of 
President Clinton's other well-qualified nominees, Elena Kagan and 
Allen Snyder.
  The 28 judicial nominations confirmed this year by the Republican-
controlled Senate surpasses the number of judges confirmed last year, 
22. During the 17 months I was chairman of the Judiciary Committee and 
the Senate was under Democratic control, we confirmed 100 of President 
Bush's nominees. After today, in the last 2 years under Republican 
control, the Senate will have confirmed 50. So the fact that the Senate 
has now confirmed more nominees in the past 5\1/2\ years, 255, than in 
the last 5\1/2\ years of the Clinton administration is due in no small 
part to the much faster pace of confirmations of this President's 
nominees when Democrats controlled the Senate.
  I am pleased that the Republican leadership has scheduled debate and 
consideration of these nominations and am glad that the Republican 
leadership is taking notice of the fact that we can cooperate on swift 
consideration and

[[Page S8034]]

confirmation of nominations. Working together, we can confirm four 
judges today. I commend the Republican Senate leadership for passing 
over the controversial nominations of William Gerry Myers III, Terrence 
W. Boyle, and Norman Randy Smith. The Republican leadership is right to 
have avoided an unnecessarily divisive debate over these nominations 
that were reported on a party-line vote.
  The President and Senate Republican leadership have too often, 
though, chosen to pick fights over judicial nominations rather than 
focus on filling vacancies. Judicial vacancies have now grown to well 
over 40 from the lowest vacancy rate in decades. More than half these 
vacancies are without a nominee. The Congressional Research Service has 
recently released a study showing that this President has been the 
slowest in decades to nominate and the Republican Senate among the 
slowest to act. If they would concentrate on the needs of the courts, 
our Federal justice system, and the needs of the American people, we 
would be much further along.
  I congratulate the nominees on their confirmations today and hope 
that they prove to be the kind of judges who understand the central 
role of the courts as a check and balance to protect the rights of all 
Americans.
  Mr. ALLARD. Mr. President, it is my pleasure to rise in support of 
Neil M. Gorsuch, President Bush's nominee to the U.S. Court of Appeals 
for the Tenth Circuit. Mr. Gorsuch is an extraordinarily well qualified 
nominee. I begin by thanking Chairman Specter for swiftly and 
unanimously reporting this nominee out of committee. I also thank 
Majority Leader Frist for bringing this nomination to the floor for 
timely consideration.
  As a fifth-generation Coloradan, I am pleased that President Bush 
chose a nominee with deep Colorado roots. Born in Denver, Mr. Gorsuch 
is a fourth-generation Coloradan who, if confirmed, would carry on his 
family history of public service to the State of Colorado. In fact, 
some may recognize Mr. Gorsuch from his service as a Senate page in the 
early 1980s. It was in the Senate he made his foray into public service 
and developed a passion for it that he exudes today.
  If I were asked to succinctly characterize Mr. Gorsuch, I would have 
to say well rounded--well rounded educationally, professionally, and 
personally.
  Mr. Gorsuch pursued a rigorous and geographically diverse course of 
academic study. He earned his undergraduate degree from Columbia 
University, including a summer at the University of Colorado; his law 
degree from Harvard; and a doctorate in legal philosophy from Oxford 
University.
  Mr. Gorsuch began his distinguished professional career as a law 
clerk to Judge David Sentelle on the U.S. Court of Appeals to the DC 
Circuit. He then went on to clerk for two Supreme Court Justices, 
Justice Kennedy and Colorado's own Byron White. Following his 
prestigious clerkships, Mr. Gorsuch entered private practice. While in 
private practice, Mr. Gorsuch litigated matters for clients large and 
small, ranging from individuals to nonprofits to corporations. 
Moreover, he litigated cases on a range of issues from simple contract 
disputes to complex antitrust and securities fraud matters. He left 
private practice in 2005 to return to public service, this time at the 
U.S. Department of Justice where he currently serves as the principal 
deputy to the Associate Attorney General.
  Looking collectively at his career, the picture of an appellate judge 
in training emerges. Mr. Gorsuch has served in all three branches of 
Government, including the highest levels of the judicial and executive 
branches. He has represented both plaintiffs and defendants. He has 
represented both individuals and corporations. He has litigated civil 
cases and criminal cases. He has litigated in both Federal and State 
courts. In sum, the breadth and depth of Mr. Gorsuch's experience makes 
him ideally suited to serve on the Federal appellate bench.
  While Mr. Gorsuch is highly qualified, I also promised the people of 
Colorado I would support judicial nominees who would rule on the law 
and the facts before them, not judges who would legislate from the 
bench. My support for Mr. Gorsuch today is consistent with that 
promise. From my conversations with Mr. Gorsuch, I am certain he 
recognizes the proper role of the judiciary. The role of the judiciary 
is to interpret the law, not make the law. I believe Mr. Gorsuch is 
temperamentally and intellectually inclined to stick to the facts and 
the law in cases that would come before him and that he would refrain 
from legislating from the bench.
  Moreover, Mr. Gorsuch's personal views would not determine the course 
of cases that come before him. Mr. Gorsuch himself says:

       Personal politics or policy preferences have no useful role 
     in judging; regular and healthy doses of self-skepticism and 
     humility about one's only abilities and conclusions always 
     do.

  I believe this statement also speaks to Mr. Gorsuch as a person. He 
is humble, unassuming, polite, and respectful. This sentiment is 
reflected in numerous letters pouring into my office from people of all 
political persuasions who have worked with him over the years. Mr. 
Gorsuch possesses the temperament befitting an appellate judge.
  In conclusion, Mr. Gorsuch is a topflight nominee whom I am proud to 
introduce to my colleagues today. I urge my colleagues to support his 
confirmation.
  Mr. SALAZAR. Mr. President, I am pleased to speak today in support of 
the nomination of Neal Gorsuch to the Tenth Circuit Court of Appeals.
  At a time when too many judicial nominations are bogged down by 
partisan and ideological rancor, it is heartening to see a nominee on 
whom Senators from both parties can agree.
  While Mr. Gorsuch has spent the majority of his professional life in 
Washington DC, his roots in the state of Colorado are strong--going 
back four generations. Once confirmed, he will return to Colorado where 
I hope that he will live up to the standard set by a long line of 
distinguished jurists from our State, including the late Justice Byron 
White.
  At the young age of 38, Mr. Gorsuch has already had an impressive 
legal career. After earning degrees from Columbia University, Harvard 
Law School, and Oxford University, he went on to clerk on the DC 
Circuit and U.S. Supreme Courts.
  Following his clerkships, he spent nearly 10 years in private 
practice before becoming Principal Deputy to the Associate Attorney 
General of the United States--where he helps manage the Department's 
civil litigation.
  I have had the chance to visit with Mr. Gorsuch and learn about both 
his personal background and his professional experience. I found him to 
be intelligent, thoughtful, and appreciative of the great honor it is 
to be nominated to the Federal bench. It is no surprise, then, that the 
ABA rated him unanimously well qualified.
  Of course, it takes more than a great resume to be a great judge. In 
addition to professional excellence as a lawyer, a judicial nominee 
should have a demonstrated dedication to fairness, impartiality, 
precedent, and the avoidance of judicial activism--from both the left 
and the right.
  I believe that Mr. Gorsuch meets this very high test--and I believe 
he will make a fine addition to the Tenth Circuit Court of Appeals.
  The PRESIDING OFFICER. The Senator from Arkansas.
  Mr. PRYOR. Mr. President, I rise in support of a very fine person 
whom President Bush has nominated to be on the U.S. Court of Appeals 
for the Eighth Circuit. His name is Bobby Shepherd. He will replace a 
very outstanding circuit court judge named Morris Arnold who is taking 
senior status. Judge Arnold has become a legal institution in the State 
of Arkansas and on the Eighth Circuit and in the Federal court system. 
He has absolutely done a fantastic job during his legal career of 
serving his country. He has decided to take senior status.
  I am thrilled President Bush has selected Bobby Shepherd to replace 
him on the Eighth Circuit. Judge Shepherd has been a U.S. magistrate in 
the District Court for the Western District of Arkansas for almost 13 
years. One thing I have noticed about Judge Shepherd is, even though I 
practiced law in Arkansas since 1988, I have never heard one person say 
a bad word about Judge Bobby Shepherd.
  He was an elected court judge before he was a magistrate. He prides 
himself on being able to work out the litigation between or among the 
parties before the necessity of a trial. That is a

[[Page S8035]]

great quality for a trial court judge and a Federal magistrate to try 
to unclog the court system by finding a resolution before you have to 
go to the expense and the time and the judicial resources of going to 
trial.
  Prior to his being a magistrate, he was an elected circuit court 
judge which is a trial court judge in Arkansas. He served there 
admirably. He practiced law in private practice for 14 years. He is a 
University of Arkansas School of Law graduate, and received high honors 
at the university. He went to college at Ouachita Baptist University, 
and served our Nation in the U.S. Army Reserve. He is a director of the 
Boys and Girls Club of El Dorado, AR, and has volunteered through the 
boys clubs and other organizations for over 20 years in that community. 
He also happens to be a deacon and trustee of the First Baptist Church 
in his hometown of El Dorado.
  I thank my colleagues, especially Senators Specter and Leahy, for 
their decision to move this nomination swiftly, and also Senator Hatch 
who chaired the confirmation hearing and did an outstanding job through 
that process. Senator Lincoln and I were able to be there to introduce 
him.
  President Bush made a rare find in nominating Judge Shepherd. He has 
totally avoided controversy. But one thing about him is, when Judge 
Arnold announced he was going to take senior status, very quickly a 
consensus grew around this Federal magistrate down in El Dorado, AR. 
Democrats and Republicans support him; Independents and Libertarians 
support him. People in his community, people outside his community, 
lawyers of all stripes, whether they are plaintiffs lawyers, defense 
lawyers, criminal defense lawyers, prosecutors, unanimously people 
think he is the right person to be on the Eighth Circuit Court of 
Appeals.
  He has an outstanding reputation as a fair and studious judge. Around 
the State I have heard nothing but praise from my colleagues in the 
legal community of this decision by President Bush. In fact, the 
American Bar Association rated him unanimously well qualified.
  When I look at judges, whether they are from Arkansas or other 
places, I have three criteria: First, are they qualified; second, do 
they have the proper judicial temperament; and third, do they have the 
ability to be fair and impartial.
  He passes all three tests with flying colors. He is eminently 
qualified. He has proven beyond any doubt that he has the right 
temperament, and he has proven to all who have ever seen him in action 
or been before him that he is fair and impartial. I am confident that 
Judge Shepherd will bring these qualities and many more to the Eighth 
Circuit. I, as well as Senator Lincoln, heartily endorse this 
nomination and am proud to be part of this nomination process, and I am 
certainly proud to give him my vote.
  Mrs. LINCOLN. Mr. President, I rise in support of the nomination of 
Judge Bobby Shepherd to become the next member of the United States 8th 
Circuit Court of Appeals.
  Based on my review of the record, my visits with Judge Shepherd, and 
feedback I have received from members of the Arkansas legal community 
who know Judge Shepherd well, I believe he is qualified to serve in 
this position, and I support his nomination.
  Judge Shepherd was born in Arkadelphia, AR. After high school, Bobby 
graduated magna cum laude from Ouachita Baptist University in 1973. He 
then continued his education by earning a law degree from the 
University of Arkansas, graduating with high honors.
  After law school, Judge Shepherd began his professional career as an 
attorney in private practice at Spencer & Spencer law firm in El 
Dorado. From 1984 to 1987, he worked as a solo practitioner. In 1991, 
he began his career as a jurist serving as a Circuit-Chancery judge for 
the 13th District of Arkansas until his appointment as a Magistrate 
Judge for the Western District of Arkansas in 1993.
  Throughout Judge Sheperd's nomination process numerous Arkansans from 
all walks of life have contacted me urging me to support Judge 
Shepherd. Some of these people had been advocates in Judge Shepherd's 
courtroom and others simply considered themselves his friends. To a 
person, they all found Judge Shepherd to be a man of honor, respected 
by his peers and in his community.
  In closing, I thank Chairman Specter and Senator Leahy for working 
with Judge Shepherd and me in moving his nomination forward. I 
appreciate their consideration of this nominee and urge every Member of 
the Senate to support his confirmation.
  Mr. COCHRAN. Mr. President, I am pleased to recommend to the Senate 
the confirmation of David P. Jordan as U.S. district judge for the 
Southern District of Mississippi.
  His education, experience, and good moral character equip him with 
the qualifications to serve with distinction on the Federal bench. I 
have known Dan Jordan's parents since we were classmates at the 
University of Mississippi, and I have had the opportunity to follow 
their son's development and achievements over the years. He had 
remarkable success as a student and was a gifted athlete at his high 
school in Richmond, VA, where his father was a professor of history and 
chief executive of the foundation that maintains Thomas Jefferson's 
famous house and serves as a center for research as well as programs 
relating to early American history and public service.
  Dan Jordan has earned a reputation for integrity and excellence as a 
lawyer in my State. He is widely respected for his sense of fairness 
and his keen intelligence. He is highly regarded by the lawyers in our 
State and was elected chairman of the Young Lawyers' Section of the 
Mississippi State bar. He is a partner in one of the largest and most 
prestigious law firms in Mississippi.
  I am confident he will serve with distinction and reflect great 
credit on the Federal judiciary. I urge the Senate to confirm him.
  Mr. LOTT. Mr. President, it is my pleasure to speak in support of the 
nomination of Daniel Jordan. I am glad that the President agreed with 
my high opinion of Dan and nominated him to the U.S. District Court for 
Southern Mississippi. In Mississippi, Dan's nomination has received 
broad bipartisan support and praise. He is a well-respected litigator, 
and even those who have sometimes opposed him in the courtroom feel he 
is an excellent choice to serve in the Federal judiciary.
  Dan comes from a wonderful family that I have known for a long time. 
I know that they must be extremely proud of him and all that he has 
accomplished. I, too, have enjoyed watching him develop into an 
outstanding father, lawyer, and a respected Mississippian.
  Dan is a cum laude graduate in economics from University of 
Mississippi, where he was inducted into the University's Hall of Fame. 
In 1993, he received his J.D. from the University of Virginia--where he 
was on the editorial board of the Journal of Law and Politics. He is 
currently engaged in the general practice of law as a partner with 
Butler, Snow, O'Mara, Stevens & Cannada--the largest law firm based in 
Mississippi.
  In his private practice, Dan has gained broad experience and 
demonstrated the knowledge, professionalism, fairness, temperament, and 
skill that make him ideally suited for the Federal bench. Dan is a 
member of the International Association of Defense Counsel. He serves 
on the Executive Committee of the Mississippi Bar's General Litigation 
practice group. Dan is a past-president of the Jackson Young Lawyers 
Association. He served on the Hinds County Bar Association Board of 
Directors, the Mississippi Young Lawyers Board of Directors, as liaison 
to the Bench and Bar Relations Committee of the Hinds County Bar 
Association and as special prosecutor for the Board of Bar Admissions.
  With Federal judicial nominations, it is important that we recognize 
the honorable service of those who choose to leave private practice to 
serve. However, Dan's service is not surprising. He has a history of 
public service. Before attending law school, Dan gained experience 
while working for the U.S. Department of Interior and later as a 
legislative aide on my Senate staff.
  Since returning to Mississippi and entering private practice, he has 
continued to find time to serve his community and profession in many 
ways. He has served as the coordinator for

[[Page S8036]]

the Jackson, MS-based Stewpot Legal Clinic--an organization providing 
legal assistance to the homeless. He has worked with Habitat for 
Humanity and served as a committee chairman for the Metropolitan Crime 
Commission. His tireless work has prompted leaders in the Jackson, MS, 
philanthropic community to laud his efforts and impact.
  He has been named one of Mississippi's Top 40 under 40 by the 
Mississippi Business Journal and honored as Jackson's Finest by the 
Mississippi M-S (Multiple Sclerosis) Foundation. He is an active member 
of Christ United Methodist Church in Jackson, MS, and is a loving 
husband and father of two.
  The President's nomination of Dan Jordan comes as no surprise, given 
his education, experience, reputation, and temperament. I believe that 
when confirmed, Dan will excel as a fair, honest, measured, and capable 
judge. I am proud to have the opportunity to voice my full support for 
Dan's nomination, and I look forward to his confirmation.
  I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. FRIST. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FRIST. Mr. President, I yield back all time on the judge 
nominations.
  The PRESIDING OFFICER. All time is yielded back. The question is, 
Will the Senate advise and consent to the nominations, en bloc?
  The nominations were confirmed, en bloc.
  The PRESIDING OFFICER. The President shall be immediately notified of 
the Senate's action.

                          ____________________